IP & Entertainment

Intellectual property refers to creations of the mind, such as inventions, literary and artistic works, designs, symbols, names, and images used in commerce. IP is protected by law through copyrights, trademarks, trade secrets, and patents.

In the United States, federal IP protection derives from Article I, Section 8, Clause 8 of the U.S. Constitution which grants Congress the power “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Today, IP is protected both by statutory law and the court-created common law.

Entertainment law is simply the practice of law—in all its wide-ranging glory—in support of those individuals or businesses in the entertainment industry, whether it is music, film, TV, publishing, performing arts, video games, sports entertainment, radio, podcasting, or whatever modern entertainment medium comes along. Our firm has experience in all these fields and, importantly, the firm’s eclectic practice means that our attorneys likely have experience in the substantive legal areas our entertainment clients need help with. We bring to bear the full breadth of our legal experience and the depth of our industry knowledge to assist our entertainment industry clients.

Intellectual property protections are how the law rewards innovation and creativity. Intellectual property law protects the creations and innovations of businesses and individuals, but not AI (at least not yet). It allows for exclusive rights to inventions, artistic works, and brands, fostering creativity, encouraging investment, and providing a competitive edge in the marketplace.

Copyright and trademark are two distinct forms of intellectual property protection. They serve different purposes and cover different types of assets.

Copyright:

Nature of Protection: Copyright protects original works of authorship, such as literary works, music, art, film, photography, and other creative expressions.

Scope: Copyright gives the creator of an original creative work exclusive rights to reproduce, distribute, perform, display, and create derivative works based on the original work.

Duration: Copyright protection is automatic upon the creation of the work and generally lasts for the life of the author plus a certain number of years (70 years in the current U.S. system).

Registration: While registration is not required for copyright protection, registering the work with the copyright office provides additional benefits, such as the ability to sue for statutory damages and attorney's fees.

Trademark:

Nature of Protection: Trademarks protect symbols, names, slogans, and other identifiers that distinguish the source of goods or services.

Scope: Trademark rights are territorial. They grant the owner the exclusive right to use the trademark in connection with specific goods or services in the territory where the mark is being used, preventing others from using confusingly similar marks there.

Duration: Trademarks can be renewed indefinitely, assuming they are in continuous use and the owner continues to meet renewal requirements.

Registration: While common law rights are established through use, registering a trademark with the appropriate government agency (such as the United States Patent and Trademark Office in the U.S.) provides additional legal advantages, like statutory damages and presumptive validity.

In sum, copyright protects creative works, while trademarks protect symbols and identifiers associated with goods and services. While copyright protection is automatic upon creation and trademark protection upon use (assuming the user is first in time in that territory to use the mark for that particular good or service), both copyright and trademark protections are enhanced by registration. Our firm has significant experience in copyright and trademark litigation, counseling clients on the scope of their rights, and negotiating contracts involving those rights.

While our firm has historically the most depth of experience in the music industry, we handle a broad range of entertainment law litigation and transactional matters, including contract negotiations, licensing agreements, royalty disputes, catalogue sale transactions, copyright and trademark registrations, copyright infringement, trademark infringement, right of publicity, defamation, and rights clearance issues in many areas of the entertainment and other creative industries. From dealmaking to litigation, we assist clients in navigating the complex legal landscape of the entertainment business.

Knowing that someone is using your creative work or brand goodwill without your permission can be emotionally upsetting and financially devastating. Our firm guides creative and business clients through the process of addressing copyright and trademark infringement, from issuing cease-and-desist letters to pursuing litigation through trial and appeals if necessary. We strive to protect our clients’ creative works and secure the best possible remedies for unauthorized use.

We provide legal counsel and consulting tin all aspects of entertainment contract negotiations, ensuring that our clients' rights and interests are protected. From drafting contracts to reviewing proposed agreements, due diligence, and negotiating with the other parties, our goal is to leverage our decades of entertainment law experience to secure favorable terms for our clients. As litigators, we know what contract provisions to include (or exclude) to give our clients the best chance at avoiding costly litigation should the relationship sour.

Yes. We have experience handling international intellectual property issues. Whether it's battling it out in international intellectual property tribunals, addressing cross-border copyright concerns, or navigating global licensing agreements, we provide comprehensive legal support. We count amongst us a multi-lingual intellectual property attorney, licensed to practice law in France as well as the United States and have close relationships with attorneys in Europe, the UK, and Canada who can provide additional assistance and expertise as needed.

Experience, responsiveness, and a personal touch. Our firm has over thirty years of experience in the entertainment industry—we know the law and the businesses the laws are meant to serve. We strive to always keep our clients in the know by consistently communicating and strategizing with them throughout the representation to ensure we understand each client’s unique needs and deliver the best possible representation. As a small firm, we are able to provide personalized service which has helped us serve and retain entertainment clients for decades.