Emilio B. Nicolas
Emilio B. Nicolas is an experienced content and information attorney, and Co-Chair of Jackson Walker’s Entertainment, Digital & Sports group. His practice includes entertainment, media, technology, and intellectual property litigation and transactional work, with a particular emphasis on copyright, trademark, right of publicity, privacy, and free speech.
In addition to representing his clients and their intellectual property and business interests in Federal or state court, or before a tribunal like the TTAB, Emilio regularly represents and advises his clients with their intellectual property, entertainment, and media rights management, clearance, compliance, and transactional matters. Emilio also serves as general outside counsel and risk manager for many of his clients, helping them identify, assess, and resolve the various legal issues facing their day-to-day businesses.
Emilio is a frequent speaker and author on the subjects of entertainment and media law, and their expansion into the digital realm. He is recognized for his successes having been named a “Rising Star” for Entertainment & Sports Law (Thomson Reuters) and among The Best Lawyers in America for Copyright Law (Woodward/White Inc.). He is also a fellow of the Texas Bar Foundation, a member of the American Bar Association IP Litigation Committee, and a past trustee of the Copyright Society of the USA.
B.S., Trinity University
M.S., Syracuse University S.I. Newhouse School of Public Communications
J.D., magna cum laude, Syracuse University College of Law
New York, 2006
United States Courts of Appeals for the Second and Fifth Circuits
United States District Court for the Eastern and Southern Districts of New York
United States District Court for the Northern, Southern, and Western Districts of Texas
- Entertainment, media, and intellectual property litigation. Examples include intellectual property rights ownership and royalty disputes, copyright infringement, trademark infringement, domain name disputes, misappropriation of the right of publicity, invasion of privacy, defamation, and breach of contract, as well as proceedings before the United States Patent and Trademark Office and the Trademark Trial and Appeal Board.
- Copyright, trademark, and right of publicity protection, registration, licensing, and enforcement.
- Intellectual property rights management and clearances.
- Due diligence of intellectual property assets in M&A deals.
- Pre-publication review of entertainment and media industry works, including motion pictures, television programs, video games, website and mobile app content, and advertisements.
- Prepare, review, and negotiate entertainment and media industry agreements with a focus on film, television, video games, book publishing, and digital, including:
- film and television production, distribution, and finance agreements;
- video game publishing agreements;
- book publishing agreements;
- music licensing agreements;
- multi-channel network and multi-platform network content partnership and distribution agreements;
- event production, sponsorship, and marketing agreements;
- endorsement and influencer marketing agreements;
- advertising and branded entertainment agreements;
- media releases, including appearance releases, and location and access agreements; and
- copyright security and mortgage agreements.
- Prepare, review, and negotiate agreements related to content, data, and technology properties for clients in various industries, including:
- general intellectual property ownership, sale, and license agreements;
- software development, publishing, maintenance, and license agreements;
- website development and hosting agreements;
- non-disclosure agreements; and
- e-commerce agreements.
- Provide counsel on website and mobile app terms of service, privacy policies, and related electronic and e-commerce agreements and policies.
- Provide counsel on text messaging issues related to the Telephone Consumer Protection Act (TCPA).
- The Best Lawyers in America (Woodward/White Inc.), 2021-2022
- Copyright Law, 2021-2022
- “Austin’s Top Attorneys” List – Intellectual Property Rights, Austin Monthly, 2021
- “Texas Rising Star,” Super Lawyers – Rising Stars by Thomson Reuters, 2012-2016
- View Emilio’s articles published on the Jackson Walker website »
- “‘Let My People Go…to Delaware’ – Paupers, Vagabonds and Fugitives from Justice Excepted,” American Bankruptcy Institute Journal (March 2013)
- “Online Copyright Infringement: Minimizing Exposure to Individuals and Small Businesses That Operate on the Internet,” The Advocate 40, Vol. 45 (Winter 2008)
- “Non-Human Persons and the Right of Publicity,” Media Law Resource Center Bulletin 61, No. 4 (December 2008)
- “Keyword Search Advertising: Whose Name Is It Anyway?,” ABA Forum on Communications Law – Communications Lawyer, Vol. 25, No. 2 (2007)
- “The Perils of Keyword Search Engine Advertising,” Association of Corporate Counsel – Austin Chapter Newsletter 3, Vol. 4 (2007)
- “Why the Ninth Circuit Added Too Much To Subtract Add-on Software From the Scope of Derivative Works Under 17 U.S.C. § 106(2): A Textual Argument,” 2004, Syracuse Sci. & Tech. L. Rep. 1 (2004)
- Moderator, “The CASE Act: What You Need to Know About the New Copyright Small Claims Board,” ABA Intellectual Property Litigation Committee Roundtable (May 2021)
- Guest lectured for the fall 2019 IP Transactions course at UT School of Law
- “Hot Topics in Video Game Law,” Austin Bar Association Entertainment & Sports Law Section CLE (March 2015)
- “They’re Not Just for Kids: Video Games and the Future of Soft IP Law,” American Bar Association Intellectual Property Litigation in Texas: Video Games, Damages, Patents and the Supreme Court (February 2015)
- “Music and the Right of Publicity,” Austin Bar Association (December 2013)
- “Hot Topics in Video Game Law,” State Bar of Texas Annual Meeting (June 2013)
- “NY Chapter: Game On! Video Game Clones and Killer IP,” New York Chapter of the Copyright Society of the U.S.A. (March 2013)
- “What You Need to Know NOW About Video Game Law,” Copyright Society of the U.S.A. Mid-Winter Meeting (February 2013)
- “Lights! Camera! Transaction! Entertainment Law for the Everyday Practitioner,” Hays County Bar Association (April 2012)
- “How to Conduct Business in the U.S. – Legally,” UKTI Interactive Master Class (March 2012)
- “International Entertainment Litigation: The Challenges of Practicing Abroad,” Texas Review of Entertainment & Sports Law (February 2012)
- “Arbitration of Entertainment Disputes,” ABA CLE Webcast (April 2011)
- “Legal Frontiers In Social Networks, Blogs and Beyond,” SXSW (March 2011)
- “Copyright/Trademark Issues: A Primer,” Texas State Bar CLE Webcast (January 2010)
- “Your Band as a Business,” Austin Music Foundation Music Law Essentials (August 2009)
- “International Intellectual Property Rights Workshop,” Jackson Walker Austin Office (May 2009)
- American Bar Association’s Intellectual Property Litigation Committee
- Co-Chair of Copyrights Subcommittee, Since 2020
- Co-Chair of Regional CLE Subcommittee, 2014-2020
- Copyright Society of the USA
- Past Trustee
- Past Texas Chapter Chair and Vice-Chair
- Member, Programming Committee for 2020 Mid-Winter Meeting
- Texas Bar Foundation, Member & Life Fellow