Sampling, Streaming, and the Music Modernization Act – A06

Hot Topics Track
Intellectual Property and Sports and Entertainment Law Sections

Session A: 9:00 a.m. – 11:00 a.m.  

About the Program
As technology has progressed, the way artists create and share music has quickly changed. Many songs are available on streaming services and, as of 2017, 65 percent of music industry revenue is attributable to streaming services. This has caused many ripples in the music industry, including artists pulling albums from streaming websites due to unfair royalties and, with the use of technology to create songs, when does stylistic influence turn into a copyright violation? In 2018, the Music Modernization Act was passed to address these changes and other legal issues in the technological age of music. This program will give an overview of issues faced by musicians and the music industry in the technological age, specifically focusing on streaming and sampling versus copying, and what the Music Modernization Act is and how it will affect musicians going forward. 

 You Will Learn

    • About the basics of copyright law as it relates to music and the changes made by the Music Modernization Act 
    • The effect of streaming on musicians before and after the Music Modernization Act 
    • How music sampling, grown out of technological advances, has created new issues in the copyright space around music 


Melissa A. TharpHandal & Morofsky LLC, Fairfield 

Michael F. Freeman, Law Offices of Michael F. Freeman LLC, Farmington

Michael Freeman received his JD from Western New England University School of Law and his BA from Providence College. He is admitted to practice law in Connecticut and Massachusetts. Michael is the Chair of the Sports & Entertainment Section of the Connecticut Bar Association. He is on the Board of Directors for the Maxwell Shepherd Memorial Arts Fund, Inc. and The Sounding Board, Inc.  In his practice, he represents musicians, singer/songwriters, producers, internet radio stations, music festivals, actors and many others who work in the creative arts.



Wayne Josel, American Society for Composers Authors and Publishers, New York, NY 

Wayne Josel is Senior Vice President, Business & Legal Affairs at the American Society for Composers, Authors and Publishers (ASCAP), the nation’s leading performing rights organization. ASCAP licenses public performance rights in musical works on behalf of nearly 700,000 songwriter and publisher members. In his role, Wayne has primary
responsibility for negotiating and structuring license agreements with a broad spectrum of music users, including broadcast and cable television networks, cable television system operators, satellite television and radio system operators, digital service providers, concert promoters and hospitality providers. Since joining ASCAP in late 2013, Wayne has assisted in closing deals representing over $3 billion in aggregate fees to ASCAP.

Prior to joining ASCAP, Wayne was Counsel in the New Media, Entertainment and Technology practice group at Hughes, Hubbard & Reed LLP. Wayne received his law degree from Fordham University, where he was an editor of the Fordham Law Review. He has a BA in Political Science from Union College and an MSJ from the Medill School of Journalism at Northwestern University.

Wayne lives in Larchmont, NY with his wife Leslie. His daughter, Madelyn, a graduate of Washington University in St. Louis, lives and works in Washington DC. His son Eli is a junior at the Park School of Communications at Ithaca College. In his spare time, Wayne is a drummer, although he is currently between gigs (his last group having dissolved in the face of irreconcilable creative differences).

Monica P. McCabe, Phillips Nizer LLP, New York, NY 

Monica McCabe is a partner in and chair of the Intellectual Property Practice at Phillips Nizer LLP specializing in copyrights, trademarks and entertainment law.  She represents a broad range of businesses, arts and entertainment talent and non-profits entities, including financial sector service providers, manufacturers of industrial and commercial products; consumer goods; fashion, apparel and jewelry manufacturers and distributors; actors, musical performers, authors, publishers, illustrators, and photographers.  

Monica also supervises the prosecution and maintenance of trademarks, represents clients in the protection, purchase and sale, assignment and licensing of intellectual property portfolios and domain names, and counsels clients on new media issues, rights of privacy and publicity, and avoiding litigation for infringement, unfair competition, trade dress and trade secret violations.

Monica’s transactional expertise includes celebrity endorsement and special event performance agreements, music industry deals, film finance deals, book publishing and distribution deals, and film option and television programming deals.   She has negotiated and drafted license, royalty, trademark, music recording, music publishing, producer, copyright, illustrator, film (including animated film), computer software, Internet, trade secret, non-disclosure and other intellectual property agreements.  
Monica is a member of the International Trademark Association’s Panel of Neutrals, which resolves trademark and unfair competition disputes without litigation.  She is also a member of the Alternative Dispute Resolution (ADR) Panel for both the U.S. District Court for the Southern District of New York and the New York Supreme Court’s Commercial Division in Manhattan and Suffolk County. 


2.0 CLE Credits: (CT: 2.0 General; NY: 2.0 AOP)