Partner

Ross J. Charap

212.885.8861 rcharap@bartonesq.com
Partner

Ross J. Charap

212.885.8861 rcharap@bartonesq.com
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Ross J. Charap is an intellectual property attorney and copyright professional with a focus on the music industry for decades assisting clients with copyright transactions, licensing, and litigation.

He has built his practice on representing some of the most legendary musicians, songwriters, singers, lyricists, composers, record producers, and independent music publishers in the business. Ross assists his notable clientele in recapturing U.S. copyrights and licensing, selling, or purchasing valuable music assets. These transactions require industry-specific knowledge in order to accurately perform asset valuation, due diligence, negotiations, and drafting of agreements.

Over his career, Ross has closed transactions for assets worth over a total of $1 billion. His work has also earned him recognition as a Billboard Top Music Lawyer from 2022 to present. He was originally recognized by Billboard for his work with Mick Jagger and Keith Richards of the Rolling Stones in helping to safeguard their entitlement to performing rights and mechanical royalites after exercising their termination rights. Ross was also instrumental in persuading the US Copyright Office to enact policy changes to ensure that the Mechanical Licensing Collective paid post-termination royalties to songwriters, resulting in many millions being paid out to songwriters like Jagger and Richards.

Ross previously served as in-house counsel for the American Society of Composers, Authors, and Publishers (ASCAP) for 25 years where he met and worked with many legendary songwriters and publishers. Indeed, after he went into private practice, some of his most notable clients, including prominent families and heirs from the Motown era, writers of the Great American Songbook, and members of the Songwriters Hall of Fame, asked him to represent them based on their ASCAP relationship with him.

Throughout his career, he has represented or currently represents: Harold Arlen and E.Y. “Yip” Harburg – “Over The Rainbow”; Mitchell Parish – writer of “Stardust” and “Moonlight Serenade”; Leroy Anderson – composer of “Sleigh Ride”; Rube Bloom – composer of “Fools Rush In” and “Give Me The Simple Life”; Mitch Leigh and Joe Darion – “The Impossible Dream”; Sam Lewis – writer of “My Mammy”, “Five Foot Two Eyes Of Blue (Has Anybody Seen My Gal?)”, and Ross’s personal favorite “How You Gonna Keep ‘Em Down On The Farm After They’ve Seen Paree?” written in 1919; Sylvia Moy – writer of “Uptight” and “My Cherie Amour” for and with Stevie Wonder; Jessye Norman – famed international opera diva; and Larry Smith, Sr. – known as the “Quincy Jones of Hip Hop” who wrote for Kurtis Blow and Whodini and who discovered, produced, and wrote for Run-DMC for their first two albums.

After leaving ASCAP and entering private practice in 1999, Ross was asked to do copyright enforcement work for The Harry Fox Agency (HFA), a music rights and royalties company founded by the National Music Publishers Association (NMPA). Ross went on to collaborate with the NMPA on anti-piracy efforts aimed at removing copyrighted lyrics from unlicensed websites and negotiating licenses for these lyrics’ use. These efforts created a new stream of royalty income which has generated hundreds of millions of dollars in additional revenue for music publishers and their songwriters over the past 20 years.

Prior to joining Barton, Ross was a Partner in the New York office of ArentFox Schiff LLP.

   

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Industry Experience

Entertainment Media and Publishing
Industry Experience
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Ross J. Charap > Matters

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Copyright and Intellectual Property

Facilitated the buying and selling of $1.2 billion in musical assets, including the purchase of numerous music publishing companies and legendary music catalogs—e.g., Cherry Lane Music (Peter, Paul and Mary; John Denver.) The purchaser was an Australian bank which could not own the assets. We structured the deal so that the assets would be owned by a U.S. LLC.

Facilitated the sale of iconic works like the original Twist, The Pointer Sisters’ catalog, numerous famous Motown songs, and legendary hip-hop compositions. Many of these transactions have been cross-border.

Successfully negotiated and closed a substantial eight-figure loan with a leading English bank represented in the U.S. and abroad, to support further acquisitions by the client. Ultimately, the deal was valued at $125 million.

Facilitated purchases of the rights of Mick Fleetwood and John McVie of Fleetwood Mac, Paul Simon, John Legend, Harry Nilsson, and a share of the North American rights to a handful of early Beatles’ hits like “She Loves You,” “I Wanna Hold Your Hand,” and “From Me To You.”

Represented many of the leading writers of the Great American Songbook, such as Harold Arlen and Yip Harburg (The Wizard of Oz), Leroy Anderson (“Sleigh Ride”), and Mitchell Parish (“Stardust”).

Played an instrumental role in persuading the US Copyright Office to enact policy changes to ensure that the Mechanical Licensing Collective paid post-termination royalties to songwriters, resulting in many millions being paid out to songwriters, including Mick Jagger and Keith Richards of The Rolling Stones.

Negotiated several book publishing contracts on behalf of novelists, playwrights, cookbook writers, and journalists. For 25 years, has represented the family of author Aldous Huxley in protecting and exploiting his famous works, particularly Brave New World. Negotiated with Random House to keep the novel with the publisher. Also negotiated several film rights options for the grandchildren of the Huxleys.

Successfully represented Joe Simon, the creator of Captain America, in winning Simon’s case against Marvel to recapture copyright in the famed superhero.

Provided counsel on copyright terminations and copyright law in general. On behalf of disparate clients—The Rolling Stones, Joe Simon (creator of Captain America), Jessye Norman (international opera star), etc.—won several critical copyright cases that benefit creators in general and have helped bring clarity to the concept of Work For Hire.

Regularly collaborate with clients to find workarounds for transactions that face restrictions on certain transfers set forth in the Copyright Law. We have devised loan structures that permit transfer of assets in sales and purchases alike.

Collaborated with the National Music Publishers’ Association on anti-piracy efforts aimed at removing copyrighted lyrics from unlicensed websites and negotiating licenses for these lyrics’ use. These efforts created a new stream of royalty income which has generated hundreds of millions of dollars in additional revenue for music publishers and their songwriters over the past 20 years.

Routinely negotiates licenses for the use of clients’ valuable IP assets in film, television, advertising, and special projects across mediums including cable television, satellite transmissions, digital services, pay-per-view, and streaming.

Barton LLP
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