Entertainment Practice
Total Page:16
File Type:pdf, Size:1020Kb
ATTORNEYS Entertainment Practice LewisBrisbois.com Entertainment he Entertainment Practice Group provides a full range of litigation, transactional and intellectual property services for our clients throughout the entertainment industries including motion picture, TV, music, new Tmedia, videogames, sports and publishing. Our attorneys are actively involved in the entertainment industries and include members of the International Association of Entertainment Lawyers, the Association of Media and Entertainment Counsel, the Video Game Bar Association, the entertainment law sections of various bar associations, Film Independent and the Authors Guild and two NFL Players Association certified agents. We work closely with our colleagues in our intellectual property, employment and other practice groups to meet our clients’ diverse needs. In today’s competitive marketplace, our clients rely on us for comprehensive, efficient and cost-effective solutions to achieve their entertainment industry goals. OUR CLIENTS INCLUDE: • Motion picture studios; • Motion picture development and production companies; • Television development and production companies; • Independent film and television producers; • Motion picture, television and sports financiers, including banks; • Record labels; • Music publishers; • Recording artists; • Songwriters; • Actors; • Screenwriters; • Composers; • Videogame developers and publishers; • Professional athletes; • Professional and semi-professional sports leagues; • Radio personalities; • Internet service providers; • Digital media distribution companies; • Authors; and • Models. OUR SERVICES INCLUDE: LITIGATIONS, ARBITRATIONS AND ADMINISTRATIVE HEARINGS Building on the firm’s superior reputation in litigation, we have extensive experience prosecuting and defending a wide range of disputes arising in the entertainment industries such as: • Piracy, file sharing and other copyright infringement disputes (including cases involving motion pictures, television shows, screenplays, sound recordings, LewisBrisbois.com musical compositions, books, stage plays and contract arbitration against French distributor; photographs); • Represented record distributor in arbitration • Non-copyright idea submission cases; brought by another record company seeking • Contract disputes (including royalty, net profits approximately $1.5 million claimed owing from and other disputes arising under a wide range of distribution of records; motion picture, TV, recording, music publishing and • Represented multi-platinum, multi-Grammy award other entertainment industry contracts); winning recording artist Ashanti in contract and • Right of publicity cases; right of publicity litigation against former demo • Defamation cases; producer; • Lanham Act, trademark infringement and state • Represented music distributor in action against unfair competition claims; and American Idol phenom “General Larry Platt” in a dispute regarding distribution rights to the song • Employment and labor disputes arising in the “Pants on the Ground”; entertainment industries including wage and hour, • Represented music production company against wrongful termination and other claims. multi-platinum recording act “112”, enjoining artist from terminating recording agreement and signing We also have significant experience arbitrating with another major label; a wide range of entertainment cases before the • Represented multi-platinum music producer various arbitration tribunals including the guilds, the Jermain Dupri in copyright infringement claim; Independent Film and Television Alliance (IFTA), the • Represented record company in copyright (former) American Film Marketing Association (AFMA) infringement action filed by another record and the International Centre for Dispute Resolution company and music publisher arising from use of (ICDR). sample in re-mixes of well known recording; • Represented independent record label in separate We also represent our entertainment clients in copyright infringement actions against a TV station administrative hearings particularly including Talent and a radio station; Agencies Act cases before the California Labor • Helped represent Zomba Music in contract Commissioner. litigation regarding the rights to ’N Sync; • Represented Ace of Base in royalty disputes with Representative disputes our attorneys have handled Arista/BMG; include: • Helped represent Interscope Records in dispute with Trauma Records over the rights to No Doubt; • Represented the RIAA and major record • Represented Mary-Kate and Ashley Olsen in companies in the Napster copyright litigation; contract action on two-picture pay-or-play deal • Represented Lions Gate in copyright infringement against film production company; and breach of implied contract action involving • Represented film investor in breach of contract/ motion picture “Trade”; securities fraud action against independent • Represent owners of copyright in one motion production company; picture against owners of copyright in a second • Represent Vibe and Uptown Magazines in $30 motion picture in copyright infringement dispute; million defamation claim by Phaedra Parks of the • Represented playwrights in copyright infringement RealHousewives of Atlanta; and dispute against major motion picture studio; • Defending several entertainment blogs against • Represented U.S. distributor of Jean-Claude Van copyright infringement claims involving photos of Damme motion picture “Inferno” in breach of Jay-Z, Beyonce, and Whitney Houston. LewisBrisbois.com We also actively advise our clients in ways to reduce Other entertainment industry-related agreements the probability that they will need to litigate in the first we draft and negotiate include endorsement and place. merchandising agreements, video game agreements, book publishing agreements, modeling contracts and TRANSACTIONS various agreements for professional athletes. We also Our attorneys have expertise in providing the full range have expertise with respect to sweepstakes, contests of transactional and corporate services our clients and promotions and can develop the rules, handle the require throughout the entertainment industries. registrations and coordinate with marketing companies to ensure compliance. In film, TV and new media, we form limited liability companies and other entities and provide start- Representative transactional matters our attorneys up advice. We prepare and negotiate agreements have handled include: relating to the acquisition of literary and other rights including option/acquisition agreements, purchase • Corporate counsel on the creation and multi-million agreements, writer agreements, exclusive shopping dollar financing of Legendary Pictures; agreements and “life story rights” agreements. • Assisted Georgia Film Office in development of Financing agreements are a significant part of our regulations for the Georgia Entertainment Incentive practice, including private offerings (private placement (tax credit); memoranda, subscription agreements, securities • Corporate and entertainment counsel on the $100 law compliance, etc.); loan and security agreements, million financing secured by intellectual property equity financing agreements and hybrid loan/equity (not recordings or publishing) of a multi-platinum deals; and partially financing motion pictures through recording artist by large international bank; sales of tax credits. When needed, we also assist our • Represented U.S. motion picture development production company clients with becoming signatories company and its production company subsidiaries to the basic agreements with the WGA, SAG-AFTRA, in sale of motion picture, literary and other rights to DGA and IATSE and advise our clients regarding European motion picture company; relevant requirements under those agreements. We • Represented sports celebrity and his business in a also regularly negotiate and draft production contracts reality TV series talent and location agreement with (with networks, producers, directors, actors, editors well-known TV production company; and others); composer agreements; soundtrack • Represented beverage company in endorsement album agreements; and distribution and licensing agreement with a recent A-list actor; agreements. We also advise and assist clients with • Represented sellers in $10 million stock purchase clearance of music and other rights. agreement for an independent motion picture production company/distributor; In the music industry, we draft and negotiate any • Negotiated label agreement on behalf of multi- agreements our clients may need including recording platinum, multi-Grammy award winning recording contracts; label agreements; producer agreements; artist; exclusive songwriter and co-publishing agreements; • Negotiated reality TV development deal for multi- administration agreements; mechanical licenses; platinum, multi-Grammy award winning recording master use and synchronization licenses; touring artist/songwriter/actor Ashanti with Reveille agreements; side artist agreements; contracts Productions; with personal managers and talent agents; band • Lead corporate and financing counsel for agreements and band dissolution agreements. acquisition of an interest in the Pittsburgh Steelers NFL team; LewisBrisbois.com • Lead entertainment counsel on the sale of INTELLECTUAL PROPERTY REGISTRATION AND $300,000 independent film for $2 million to a large PROSECUTION distributor; We obtain copyright and trademark registrations to • Deal maker and lead entertainment counsel protect