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Davis & Gilbert’s 110-year history is rooted in working with creators and distributors of creative content in virtually every medium and those financing these activities. As today’s entertainment, media and sports industries converge and technology continues to create new outlets, no law firm is better positioned to guide clients through the evolving laws, business practices and regulatory scrutiny seeking to keep pace with these developments. We help clients achieve their business objectives by resolving issues they face – both old and new – in the financing, development, production and distribution of entertainment content and sports ventures around the world. Our practice was recognized by U.S. News - Best Lawyers "Best Law Firms" in the "Media Law" category both nationally (Tier 3) and in New York City Metropolitan (Tier 2) in the 2017 edition.

THE DAVIS & GILBERT ADVANTAGE
As industry evolutions occur, we are at the forefront to assess and address new issues in the areas of entertainment, media and sports law. Regulators and professional groups frequently call upon us to provide insight and guidance on new industry developments. We have the unique ability to help our clients capitalize on new opportunities by determining what strategies will be permissible in the future (particularly given increased FCC and FTC scrutiny), by structuring transactions to create opportunities for success, and by avoiding and navigating disputes that arise in these hard charging industries. Clients have the distinct benefit of the firm’s extensive experience in the areas of intellectual property, libel, privacy, right of publicity, promotions, gaming, communications, employment and First Amendment law.

MOTION PICTURES, TELEVISION AND RADIO
Our clients represent a “who’s who” in these industries and include major motion picture studios, television and cable networks, producers, individual artists, technology companies, operators of digital content platforms and other new entrants into this field. They seek our advice and representation on all aspects of matters including financing, production and development arrangements, talent agreements, affiliate relations, distribution and syndication issues, new technology considerations, brand integration strategies, live performances, reality and documentary productions, and satellite radio concerns. In particular, our attorneys advise clients on strategies to monetize motion picture, television and radio content on new and developing platforms, guiding them on complex rights and regulatory issues.

SPORTS
Whether sports are their primary business or a key aspect of a larger business strategy, clients turn to Davis & Gilbert for guidance as they engage with a dynamic and changing sports industry. Our representation includes advising professional leagues and teams on a wide range of media, marketing and player issues; representing investors and investor groups for sports franchises; advising sponsors on domestic and global naming rights, cross-promotional and other sponsorship relationships; and guiding athletes on branding, marketing and endorsement matters. These clients seek our experience navigating the possibilities and challenges presented by new technologies, distribution platforms and data rights and privacy issues. For more information about our sports practice, click here.

MUSIC
We represent diverse clients in all aspects of the rapidly changing music industry with an in-depth understanding of new technology implications. Our clients include satellite radio services and digital music providers. Our practice covers all matters ranging from music licensing, concert and tour sponsorship arrangements and performance rights, to issues involving digital streaming services and download services, wireless devices, and union-related concerns.

PUBLISHING
Our publishing clients include traditional publishing industry giants such as the leading book, magazine and newsletter publishers, book clubs and high-profile authors, as well as industry disrupters such as e-book service providers and device makers. Our representation involves First Amendment and communications law issues and extends to every aspect of the industry, from pre-publication reviews and advice on individual publishing agreements to advice on major industry mergers and licensing for new technologies.

BRANDED ENTERTAINMENT
We work with high-profile brands, advertisers, agencies and entertainment providers to develop, structure and negotiate cutting-edge branded content, product placement and other strategies designed to “activate” consumers. Davis & Gilbert attorneys represent clients from all vantage points in these complex arrangements – from those seeking to place products to those providing the opportunity – as we secure future rights for our clients to use the product beyond the scope of any specific agreement. We advise clients on communications strategies relating to their branded entertainment efforts and counsel industry leaders in innovations related to publishing, movies, reality shows, “showmercials,” podcasts, satellite radio and handheld game systems.

VIDEO GAMES AND DIGITAL MEDIA
Digital content and interactive entertainment, with their blend of technology, entertainment, vibrant story-telling, music, and striking visual art are unique because these businesses require an equal appreciation and protection of both technical and artistic creativity. The digital media and interactive entertainment industries needs to be represented by counsel who possess a great depth of experience and who also have diverse backgrounds to fully understand the industry and what drives its success. Our clients include video game industry leaders and the creators and platforms for digital and social content attracting millions of views each day. For more information about our Digital Media, Technology & Privacy practice, click here.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:

Motion Pictures, Television & Radio
  • Program syndication, foreign distribution, foreign and domestic co-productions, and joint ventures for program production and distribution
  • Financing, production and global distribution of documentary motion picture
  • Licensing and production arrangements for live-action and animated programs that are produced exclusively for Internet and mobile media distribution
  • Acquisition and sales of motion picture, television and other rights and options related to literary properties and life stories
  • Contractual issues for deals with writers, performers, directors and composers
  • Collective bargaining issues of the major entertainment unions such as the Screen Actors Guild (SAG), Directors Guild of America (DGA) and Writers Guild of America (WGA)
  • Copyright, privacy and defamation
  • Character, copyright and trademark licensing
  • Pre-broadcast review and advice to broadcaster and producers on the rights of privacy, publicity, copyright, trademark and libel law
  • Live event programming, including sponsorship and other cross-promotional arrangements

Sports

  • Sports marketing and sponsorship agreements
  • Media rights agreements
  • Trademark advice and licensing arrangements
  • Social media, data protection and privacy matters
  • Franchise investments
  • Facilities and real estate developments
  • Athlete branding and endorsement agreements
  • Athlete financial and estate planning
  • International governing body regulatory issues
  • Counterfeit merchandise, intellectual property and commercial disputes
Music
  • Joint marketing and sponsorship agreements
  • Artist services and production agreements
  • Artist representation agreements
  • Music synchronization and master recording licensing agreements
  • Copyright, trademark and endorsement issues
  • Expert musicologist testimony and advice
  • Arrangements with guilds including the Screen Actors Guild, American Federation of Television and Radio Artists, and American Federation of Musicians in connection with the use of actors, singers and musicians in programming and advertising materials
Publishing
  • Promotion, marketing and advertising issues for new titles
  • Consumer product safety reviews and representation
  • Charitable industry and initiative tie-ins
  • Author and publishing agreements
  • First Amendment litigation
  • Cross-promotion media arrangements
  • Trademark counsel matters
  • Pre-publication review and advice to publishers on the rights of privacy, publicity, copyright, trademark and libel law
  • Major author representation in all media-related matters
  • Publishing and electronic rights agreements
Branded Entertainment
  • Business issues facing brands and marketers in pursuing integration opportunities, such as duration of commitments, international opportunities
  • Unique copyright, trademark, privacy, publicity issues facing marketers and broadcasters
  • Claim substantiation risk and exposure
  • FCC, FTC regulatory landscape
  • Ownership, control and financial opportunities
CONTACT US

For additional information on Davis & Gilbert’s Entertainment, Media & Sports Practice, please contact:

Ronald R. Urbach
212.468.4824
rurbach@dglaw


MOTION PICTURES, TELEVISION AND RADIO
Our clients represent a “who’s who” in these industries and include major motion picture studios, television and cable networks, producers, individual artists, technology companies, operators of digital content platforms and other new entrants into this field. They seek our advice and representation on all aspects of matters including financing, production and development arrangements, talent agreements, affiliate relations, distribution and syndication issues, new technology considerations, brand integration strategies, live performances, reality and documentary productions, and satellite radio concerns. In particular, our attorneys advise clients on strategies to monetize motion picture, television and radio content on new and developing platforms, guiding them on complex rights and regulatory issues.

SPORTS
Whether sports are their primary business or a key aspect of a larger business strategy, clients turn to Davis & Gilbert for guidance as they engage with a dynamic and changing sports industry. Our representation includes advising professional leagues and teams on a wide range of media, marketing and player issues; representing investors and investor groups for sports franchises; advising sponsors on domestic and global naming rights, cross-promotional and other sponsorship relationships; and guiding athletes on branding, marketing and endorsement matters. These clients seek our experience navigating the possibilities and challenges presented by new technologies, distribution platforms and data rights and privacy issues. For more information about our sports practice, click here.

MUSIC
We represent diverse clients in all aspects of the rapidly changing music industry with an in-depth understanding of new technology implications. Our clients include satellite radio services and digital music providers. Our practice covers all matters ranging from music licensing, concert and tour sponsorship arrangements and performance rights, to issues involving digital streaming services and download services, wireless devices, and union-related concerns.

PUBLISHING
Our publishing clients include traditional publishing industry giants such as the leading book, magazine and newsletter publishers, book clubs and high-profile authors, as well as industry disrupters such as e-book service providers and device makers. Our representation involves First Amendment and communications law issues and extends to every aspect of the industry, from pre-publication reviews and advice on individual publishing agreements to advice on major industry mergers and licensing for new technologies.

BRANDED ENTERTAINMENT
We work with high-profile brands, advertisers, agencies and entertainment providers to develop, structure and negotiate cutting-edge branded content, product placement and other strategies designed to “activate” consumers. Davis & Gilbert attorneys represent clients from all vantage points in these complex arrangements – from those seeking to place products to those providing the opportunity – as we secure future rights for our clients to use the product beyond the scope of any specific agreement. We advise clients on communications strategies relating to their branded entertainment efforts and counsel industry leaders in innovations related to publishing, movies, reality shows, “showmercials,” podcasts, satellite radio and handheld game systems.

VIDEO GAMES AND DIGITAL MEDIA
Digital content and interactive entertainment, with their blend of technology, entertainment, vibrant story-telling, music, and striking visual art are unique because these businesses require an equal appreciation and protection of both technical and artistic creativity. The digital media and interactive entertainment industries needs to be represented by counsel who possess a great depth of experience and who also have diverse backgrounds to fully understand the industry and what drives its success. Our clients include video game industry leaders and the creators and platforms for digital and social content attracting millions of views each day. For more information about our Digital Media, Technology & Privacy practice, click here.

REPRESENTATIVE ISSUES ADDRESSED ON BEHALF OF OUR CLIENTS INCLUDE:



Motion Pictures, Television & Radio
  • Program syndication, foreign distribution, foreign and domestic co-productions, and joint ventures for program production and distribution
  • Financing, production and global distribution of documentary motion picture
  • Licensing and production arrangements for live-action and animated programs that are produced exclusively for Internet and mobile media distribution
  • Acquisition and sales of motion picture, television and other rights and options related to literary properties and life stories
  • Contractual issues for deals with writers, performers, directors and composers
  • Collective bargaining issues of the major entertainment unions such as the Screen Actors Guild (SAG), Directors Guild of America (DGA) and Writers Guild of America (WGA)
  • Copyright, privacy and defamation
  • Character, copyright and trademark licensing
  • Pre-broadcast review and advice to broadcaster and producers on the rights of privacy, publicity, copyright, trademark and libel law
  • Live event programming, including sponsorship and other cross-promotional arrangements

Sports

  • Sports marketing and sponsorship agreements
  • Media rights agreements
  • Trademark advice and licensing arrangements
  • Social media, data protection and privacy matters
  • Franchise investments
  • Facilities and real estate developments
  • Athlete branding and endorsement agreements
  • Athlete financial and estate planning
  • International governing body regulatory issues
  • Counterfeit merchandise, intellectual property and commercial disputes
Music
  • Joint marketing and sponsorship agreements
  • Artist services and production agreements
  • Artist representation agreements
  • Music synchronization and master recording licensing agreements
  • Copyright, trademark and endorsement issues
  • Expert musicologist testimony and advice
  • Arrangements with guilds including the Screen Actors Guild, American Federation of Television and Radio Artists, and American Federation of Musicians in connection with the use of actors, singers and musicians in programming and advertising materials
Publishing
  • Promotion, marketing and advertising issues for new titles
  • Consumer product safety reviews and representation
  • Charitable industry and initiative tie-ins
  • Author and publishing agreements
  • First Amendment litigation
  • Cross-promotion media arrangements
  • Trademark counsel matters
  • Pre-publication review and advice to publishers on the rights of privacy, publicity, copyright, trademark and libel law
  • Major author representation in all media-related matters
  • Publishing and electronic rights agreements
Branded Entertainment
  • Business issues facing brands and marketers in pursuing integration opportunities, such as duration of commitments, international opportunities
  • Unique copyright, trademark, privacy, publicity issues facing marketers and broadcasters
  • Claim substantiation risk and exposure
  • FCC, FTC regulatory landscape
  • Ownership, control and financial opportunities
CONTACT US

For additional information on Davis & Gilbert’s Entertainment, Media & Sports Practice, please contact:

Ronald R. Urbach
212.468.4824
rurbach@dglaw