Thank you to "Riches and Rhythms," for having me guest on your podcast. It was a pleasure to speak with Stonebridge financial advisor Tyler Martin and Tristar business manager Peggy Stephens about music royalty audits, IP valuation and AI.
Tuesday, December 12, 2023
Friday, July 14, 2023
Top Connecticut attorney Kevin Casini, Esq. helps us understand the concept of a lien in the guest post below:
Judgment liens are the final step in collecting on a civil judgment. When a court issues a judgment, whether by a judge or verdict by a jury, it doesn't automatically force the debtor to pay. If the debtor doesn't pay, it is the responsibility of the creditor to enforce the judgment. Most enforcement happens when a creditor finds assets belonging to the debtor to be taken to satisfy the judgment. This begins with a judgment lien.
A judgment acts like a metaphorical cloud hovering over the debtor's personal property in the state. A judgment is unenforceable against personal property until it has been attached. The property can include bank accounts, stocks, bonds, vehicles, or other equipment.
Copyrights that are registered with the United States Copyright Office ("USCO") can be liened, through registration at the USCO of the lien. Unregistered copyrights cannot.
There are different types of liens: consensual, statutory, and judicial. Consensual liens include mortgages and car loans, while mechanic's liens and judgment liens are examples of statutory and judicial liens. Once attached, they work similarly to consensual liens, allowing the creditor to seize the property to satisfy a judgment.
Some liens can be discharged too, depending on circumstances.
- Judgment liens: If there is no equity in the property to cover the lien, it may be discharged.
- Nonconsensual liens: Liens placed on the debtor's property without their consent, such as certain tax liens or mechanic's liens, may be eligible for discharge in bankruptcy.
- Voluntary liens: In some cases, voluntary liens (mortgages, car loans), can be discharged through bankruptcy. The notes riding with these can also be written down pursuant to the fair market value ("FMV") of the asset that is taken as collateral.
About The Author
Kevin is VP of Business and Legal Affairs for RME, (www.rme.com) the digital-first, modern rights organization that enables fair and accurate payments for creators and rightsholders.
In practice, Kevin has boasted a talented client roster of award-winning, Grammy nominated, gold and platinum certified artists, writers, producers, & DJs, and he teaches copyrights, music law, and entertainment law at Quinnipiac University School of Law.
He has been speaker, moderator, and panelist at conferences from Austin to Boston, and has advised companies, firms, and governmental agencies on case law, new legislation and proposed legislation, and best practices.
Kevin is a member of the Recording Academy, Copyright Alliance, the Americana Music Association and serves on the advisory board of SONA and on the nominating committee of the Boston Music Awards.
He is a graduate of the Berklee College of Music.
Monday, June 5, 2023
I enjoyed recently being interviewed by Bold Journey magazine, because it gave me time to reflect on one of the key skills needed to be a top forensic accountant: communication.
I truly appreciate the mentors and consultants who helped me on my journey to be a better communicator, especially Fred Wolinsky, CPA, Jennifer Wilson, and David Zyla.
If you are interested in joining my team at Boschan Corp., or engaging our firm, you will find that we accord greater emphasis on communication than other accounting firms. Click here to apply.
To all readers: What communication techniques, tactics and skills do you think are under-or-over-rated when it comes to accounting services?
Saturday, June 3, 2023
Exploring the Delayed Discovery Doctrine, Doctrine of Estoppel, and their Implications on Contesting and Objecting to Incoming Profit Participation Accountings and Royalty Statements
Your favorite royalty auditor and forensic accountant is here to make sure California attorneys know of the potential application of the delayed discovery doctrine and the doctrine of estoppel in contesting incoming profit participation accountings or royalty statements, notwithstanding contractual or statutory limitations. I believe such legal doctrines, along with the relevant cases I will highlight, provide compelling grounds for certain creative and licensor clients to challenge such accountings or statements.
Monday, May 29, 2023
Cumulative accountings refer to a method of calculating financial transactions that spans over an extended period. Instead of treating each individual transaction separately, cumulative accountings aggregate various transactions, creating a comprehensive record. This approach is commonly employed in situations where it is impractical or inefficient to account for each transaction individually.
It is the traditional approach for film and TV industry profit participation accountings as well as joint venture, certain merchandise statements and/or 360-degree accountings in the music and games industries.
See the below Screenshot for an example of a cumulative accounting (for a film to a producer):
To learn about profit participation audits, please click here.
Sunday, May 21, 2023
If your client's accountings are rendered 90 days following the end of the semiannual period ended June 30, 2023, you usually must render a notice of objection prior to September 30 in order to reserve your client's right to audit his/her/its 2020 H1 statement. Confusing? Yes, it is very confusing!
Call my firm Boschan Corp. for help at (424) 248-8866 or learn more about our royalty audits by clicking here. Please do not wait until September. Your client's rights could expire sooner, depending on the relevant contractual language and statutes.