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 our clients’ valuable intellectual property rights. for leading iPhone app developer, involving Our trademark services include searches and opinions preparation and negotiation of an application regarding the availability and registration of marks, development agreement for ShareCare, Inc., Dr. the preparation, filing and prosecution of applications Oz, Oprah Winfrey and a global book publisher and and oppositions, cancellations and concurrent use negotiating the subsequent licensing agreement agreements. Working with our intellectual property with Apple; group, we also have extensive experience in • Negotiated talent/executive producer agreement proceedings before the Trademark Trial and Appeals for a multi-Grammy award winning recording artist Board on issues related to the enforcement and with a television network for a reality TV series; protection of our clients’ trademark rights and regularly • Negotiated numerous distribution agreements for appear before various governmental bodies that independent record labels; administer or regulate intellectual property matters • Represented numerous recording artists (including, including the United States Copyright Office. artists signed to all major labels) and multiple labels in negotiation or renegotiation of recording For further information, please contact: contracts; • Represented numerous video game development William Archer, Entertainment Practice Group Chair companies in multi-million dollar game Los Angeles development deals, and video game publishing 213.680.5147 companies in their internet and other legal needs; [email protected] • Represented numerous independent motion picture companies in all phases of literary rights, finance, production and distribution of motion pictures; and • Represented numerous reality TV show developers/producers in talent and exclusive shopping agreements.

LewisBrisbois.com Firm Overview

stablished in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with nearly 900 attorneys and 30 offices, in 16 states and the District of Columbia. EOur national practice is sophisticated, multi-faceted and well-versed in current legal trends, while our individual state practices provide vast resources and knowledge of procedural and legal nuances.

Lewis Brisbois offers legal practice in nearly 30 specialties, and a multitude of sub-specialties associated with each practice area. Our attorneys have broad knowledge, expertise, and sensitivity to their clients’ unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale.

At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We accomplish diversity not by committee or initiative, but through the true and committed practice of hiring the best people for the job and consistently rewarding excellence. The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff, and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of the firm’s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live. The firm’s culture has fostered a diverse group of professionals committed to promoting the best interests of our clients, our communities and the legal profession. We are committed to supporting diversity through new and ongoing relationships with minority and women-owned businesses.

Lewis Brisbois is known for its commitment to principled advocacy, an unflinching work ethic, and unyielding recognition of our duty to provide the highest level of service to our clients, who choose us because we take the time to understand their business interests and philosophies. We have developed sophisticated proprietary risk evaluation and litigation management processes that many of our clients have incorporated into their business practices, and we help them manage and defend claims and litigation. As a result, they are avoiding and reducing losses that impact their bottom line. Our practice includes pre-suit counseling and problem solving based on a structured and accurate analysis of likely outcome. We know our clients’ objectives are often best served by a pre-suit resolution, and we are often judged by the advice and counsel we provide toward that end. However, when trial is the answer and in the client’s best interest, no law firm in this country understands and better executes a trial strategy than Lewis Brisbois. We are truly client driven and result oriented.

For more about Lewis Brisbois, please visit us at LewisBrisbois.com. Nationwide Locations

ATLANTA DENVER LAS VEGAS ORANGE COUNTY SAN FRANCISCO 1180 Peachtree Street NE The Brind Mansion 6385 South Rainbow Blvd. 650 Town Center Drive 333 Bush Street Suite 2900 825 Logan Street Suite 600 Suite 1400 Suite 1100 Atlanta, Georgia 30309 Denver, Colorado 80203 Las Vegas, Nevada 89118 Costa Mesa, California 92626 San Francisco, California 94104 T: 404.348.8585 T: 303.861.7760 T: 702.893.3383 T: 714.545.9200 T: 415.362.2580 F: 404.467.8845 F: 303.861.7767 F: 702.893.3789 F: 714.850.1030 F: 415.434.0882

BEAUMONT FORT LAUDERDALE LOS ANGELES PHOENIX SEATTLE 550 Fannin Street 200 Las Olas Circle 221 North Figueroa Street Phoenix Plaza Tower II 2101 Fourth Avenue Suite 800 200 S.W. First Avenue Suite 1200 2929 North Central Avenue Suite 700, Beaumont, Texas 77701 Suite 910 Los Angeles, California 90012 Suite 1700 Seattle, Washington 98121 T: 409.838.6767 Fort Lauderdale, Florida 33301 T: 213.250.1800 Phoenix, Arizona 85012 T: 206.436.2020 F: 409.838.6950 T: 954.728.1280 F: 213.250.7900 T: 602.385.1040 F: 206.436.2030 F: 954.728.1282 F: 602.385.1051 BOSTON MADISON COUNTY, IL TAMPA 75 Arlington Street HARTFORD Mark Twain Plaza II PROVIDENCE 3812 Coconut Palm Drive Suite 500 100 Pearl Street 103 W. Vandalia Street 10 Dorrance Street Suite 200 Suite 1438 Suite 300 Suite 700 Boston, Massachusetts 02116 Tampa, Florida 33619 Hartford, Connecticut 06103 Edwardsville, Illinois 62025 Providence, Rhode Island 02903 T: 857.313.3950 T: 813.739.1900 Tel: 860.748.4806 T: 618.307.7290 Tel: 401.406.3310 F: 857.313.3951 F: 813.739.1919 Fax: 860.748.4857 F: 618.692.6099 Fax: 401.406.3312 CHARLESTON TEMECULA HOUSTON NEWARK SACRAMENTO 209 Capital Street One Ridgegate Drive 3355 West Alabama One Riverfront Plaza 2850 Gateway Oaks Drive Third Floor Suite 245 Suite 400 Suite 350 Suite 450 Charleston, West Virginia 25301 Houston, Texas 77098 Newark, New Jersey 07102 Sacramento, California 95833 Temecula, California 92590 T: 304.553.0166 T: 713.659.6767 T: 973.577.6260 T: 916.564.5400 T: 951.252.6150 F: 304.343.1805 F: 713.759.6830 F: 973.577.6261 F: 916.564.5444 F: 951.252.6151

CHICAGO LA QUINTA, CA NEW ORLEANS SAN BERNARDINO TUCSON 550 West Adams Street 78075 Main Street 400 Poydras Street 650 East Hospitality Lane One South Church Avenue Suite 300 Suite 203 Suite 1320 Suite 600 Suite 2100 Chicago, Illinois 60661 La Quinta, California 92253 New Orleans, Louisiana 70130 San Bernardino, California 92408 Tucson, Arizona 85701 T: 312.345.1718 T: 760.771.6363 T: 504.322.4100 T: 909.387.1130 T: 520.399.6990 F: 312.345.1778 F: 760.771.6373 F: 504.754.7569 F: 909.387.1138 F: 520.838.8618

DALLAS LAFAYETTE NEW YORK SAN DIEGO WASHINGTON, D.C. 901 Main Street 100 E. Vermilion Street 77 Water Street 701 B Street 601 Pennsylvania Avenue, NW Suite 4100 Suite 300 Suite 2100 Suite 1900 Suite 900, South Building Dallas, Texas 75202 Lafayette, Louisiana 70501 New York, New York 10005 San Diego, California 92101 Washington, D.C. 20004 T: 214.347.4508 T: 337.326.5777 T: 212.232.1300 T: 619.233.1006 T: 202.220.3165 F: 972.638.8664 F: 337.504.3341 F: 212.232.1399 F: 619.233.8627 F: 202.400.2288 CLIENT FOCUSED • RESULTS DRIVEN

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