Featuring  (click image for bio)

Mark Roesler CMG Worldwide

About This Program

Agenda

• Who is CMG, and what do we do?
• What is the Right of Publicity (“ROP”)?
• Why protect?
• How to monetize the ROP?
  • Generally there are two ways to monetize the right of publicity.
    • The estate can police
    • The estate can license
• Why would the ROP be valued?
  • Damage Cases
  • Estate Taxation
  • Endorsement Negotiations
  • Sale of an Asset
  • Marital Dissolution
• How is the right of publicity valued?
  • General
  • Valuation Methodologies Commonly Used:
    • Market
      • Choosing appropriate market comparables
    • Cost
    • Income
      • When available, the Income Approach is best suited for the valuation of the Right of Publicity because of the unique nature of the personality and common problem of finding suitable comparables.
        • Establishing Future Income:
          • The Need to Isolate ROP Related Revenue in Pre-Valuation Date Revenue
      • Expected remaining life of the asset:
      • Applicable Discount Rate:
        • There are several factors that we consider when determining the appropriate discount rate when determining the projected future stream of income.
          • Marketability of the asset:
          • Legal Limitations/ Risks
            • State based right in every state.
            • Intersection of ROP and Federal Trademark Law:
  • Economic Damages Assessment
• Examples of Valuing the ROP - The valuation of such a right has become critical in various contexts including marital dissolution, infringement damage assessment, estate taxation, and even endorsement negotiations.
  • Estate Tax Cases (Michael Jackson)
  • OJ Simpson

Learning Objectives

• Describe the legal framework behind the right of publicity
• List commonly used methodologies to value intangible rights, such as the right of publicity; and
• Restate the challenges and risks of valuing the right of publicity

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CPE Information

Prerequisites: Knowledge of Business Valuation
Program Level: Advanced
Preparation Required: None
Delivery Method: Group Internet-Based
Recommended CPE: 1.5 Credit Hours (Accounting Technical)

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