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Date: Thursday, November 29, 2018
Time: 10:00am-11:25am PT / 1:00pm-2:25pm ET
Format: A BVR Webinar
Earn 1.5 CPE credits
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Featuring  (click image for bio)

Mark Roesler
CMG Worldwide

About This Program

The right of publicity is the inherent right of each person to control the commercial use of his or her identity. The right, if available, generally protects a personality’s name, image, voice, signature, or likeness. Protection and exploitation of this intangible right, both during a celebrity’s lifetime and post-mortem (as dictated by the applicable state law), has become a valuable (if not the most important) component of a celebrity’s asset portfolio. Industry expert, Mark Roesler, and his team will discuss the legal framework behind the right of publicity and the processes for which this abstract right is valued. Included will be a discussion of common methodologies used to value intangible assets, the unique challenges that arise when valuing the right of publicity, and the emerging contexts for which valuation of this right may be necessary.

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

Single Connection Policy

Admission to this event authorizes one computer and phone connection for one location. These connections may be transferred users and/or locations. Multiple concurrent connections for a single admission registration are not allowed.

Multi-User CPE Policy

Admission to this program includes one CPE certificate for one individual. Any additional listeners requesting CPE must pay a processing fee assessed at the completion of the online CE survey for this course.

CPE Processing Fees may be bypassed by entering a valid, unused CPE Authorization Code (for single event purchasers) or by logging into BVR's website (for subscribers to BVR's Training Series).

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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