Jackson Walker attorneys have years of experience working behind the scenes in the complex and multi-disciplinary world of entertainment transactions. From the Texas entertainment landscape to other major markets where creatives are making the next buzzworthy content, our attorneys leverage their industry experience alongside our full-service resources and capabilities to provide clients valued advice in a full range of entertainment transactions.
Our attorneys have handled routine, complex, and novel matters involving the varied facets of the entertainment industry, including industry-specific agreements on behalf of content creators and distributors; rights clearance issues; content licensing and sales transactions; marketing deals; merchandising deals; copyright, trademark, and right of publicity registrations; and more. Clients have also worked with our attorneys to address issues related to live and livestream performances, including venue agreements, access agreements, risk management, and insurance considerations. Moreover, our attorneys have counseled clients about the advancement of their entertainment business endeavors and the monetization of their content in the rapidly changing digital market.
And should disputes arise, Jackson Walker offers a powerful and experienced team of entertainment attorneys and trial lawyers who combine successful trial strategies with skillful advocacy to defend all types of entertainment litigation matters.
- Represent clients in the license, purchase, and sale of various entertainment and online properties
- Negotiate and draft various content rights agreements and releases, including work made for hire agreements, content license agreements (e.g., music licenses, photo licenses), and media releases (e.g., appearance releases, location releases)
- Conduct pre-publication reviews of, and assist with the rights clearance process for, film and television productions and online properties
- Represent film financiers in independent feature film production deals
- Provide production and distribution counsel to reality television production companies
- Review film option-purchase agreements, book publishing agreements, and literary agent agreements for authors
- Represent public figures in product endorsement and licensing deals
- Negotiate and draft video game publishing and licensing agreements
- Represent companies in event marketing and venue deals
- Formation of various entertainment business entities, including intellectual property holding companies, loan-out companies, and general commercial entities
- Handle copyright, trademark, and right of publicity registrations
July 20, 2021
Thursday, July 29 at 12:30 p.m. CT
Join Serene Ateek and Kirby Drake for a virtual CLE presentation on fashion and copyright law. The webinar is presented jointly by the Entertainment & Sports Law Section of the Austin Bar Association (ESLABA) and the Texas Chapter of the Copyright Society of the USA.
May 14, 2021
In an article published by Bloomberg Law, James Carlos McFall, Eric Wong, and Lauren Ceckowski discussed the U.S. Supreme Court’s impending ruling in Mahanoy Area School District v. B.L. The free speech case involves a cheerleader’s Snapchat post and may provide insight on how the Court will rule on future social media cases.
April 29, 2021
One of These Things Is Not Like the Other: SCOTUS Narrows the TCPA’s Application in Autodialer Cases, But Certain Marketing and Messaging Practices Are Still at Risk
By Emilio B. Nicolas and Eric Wong
Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act (TCPA), with an eye towards reigning in robocalls and other abusive telemarketing practices of the time. Thirty years later, the TCPA still stands.
April 20, 2021
Morality Clauses Take Center Stage: Tips to Help Protect Your Next Project From Being Associated With Talent Controversy
By Valery Piedra & Emilio Nicolas
In talent agreements, a morality clause allows film producers to terminate a contract if the talent has engaged in certain socially objectionable behavior or otherwise ends up in a scandal that might harm the project.
February 8, 2021
Following a recent filing of a House bill that would define daily fantasy sports as a game of skill, CBS 11 Dallas-Fort Worth spoke with Bob Latham about the state’s anti-gambling laws and the legality of participating in a daily fantasy sports league.
October 30, 2020
US Supreme Court Grabs Attention of Tech Giants as Past Immunity Granted by Section 230 Is Called Into Question
By Trey McDonald | A recent Supreme Court decision garnered attention from tech companies as Justice Thomas welcomed the Court to consider whether the text of Section 230 of the Communications Decency Act “aligns with the current state of immunity enjoyed by Internet platforms.”
September 21, 2020
Emilio Nicolas has been selected to serve as a Co-Chair of the Copyrights Subcommittee for the American Bar Association Intellectual Property Litigation Committee. Previously, Emilio served as a Co-Chair of the Regional CLE Subcommittee since 2014.
August 25, 2020
Nate St. Clair has been invited to serve on the Board of Advisors of the National Sports Law Institute, an affiliate of the Sports Law program of his law school alma mater, Marquette University.
March 25, 2020
Yesterday, in a unanimous decision, the Supreme Court held that Congress lacked authority to abrogate the States’ immunity from copyright infringement suits in the Copyright Remedy Clarification Act of 1990.
Working in conjunction with their general counsel and marketing departments, we have regularly helped advertisers navigate the legal hurdles related to traditional and more data-driven advertising and their relationship to businesses within and outside the entertainment industry, from advertising law fundamentals like comparative ads to specifics like Federal Trade Commission (FTC) online influencer compliance issues.
Our attorneys have counseled fashion and jewelry designers, manufacturers, and retailers on an array of issues, including intellectual property rights management, product licensing, and product and design enforcement issues, including gray market, counterfeit, or “knock-off” goods.
Both new and veteran film producers and financiers have turned to Jackson Walker attorneys for advice about rights clearance issues and investor due diligence for independent feature films and documentaries.
- Video Games
We have served traditional and online game developers on issues including copyright, trademark, right of publicity, patent, and the First Amendment. Our attorneys have helped clients create proactive strategies to address the legal issues facing the creation, distribution, and monetization of their content in ways that are developing faster than the law.
We have regularly assisted advertisers with the development and implementation of promotional sweepstakes, contests, and prize giveaways.
With a volume of legal and business experience in the music industry, our attorneys have helped clients understand the complexities of the music industry, and manage their music licensing needs, including public performance, synchronization (sync), and master use licenses.
From development through publication and beyond, Jackson Walker attorneys have helped authors, illustrators, and book publishers navigate the legal and business landscape of the publishing industry, including book publishing agreements, literary agent agreements, co-authorship agreements, and intellectual property asset management.
Our attorneys regularly counsel television stations and networks with their various rights clearance, rights management, marketing, and employment law issues. The Jackson Walker team understands the complexities of traditional broadcast and cable television industries, as well as the non-linear digital and streaming industries, and we use our years of experience for the benefit of the clients we serve.
- Online, On-Demand, and Beyond
In addition to the traditional areas of the entertainment industry, our attorneys assist clients with the digital or “new media” side of things. This includes counseling clients with the protection, enforcement, and exploitation of their content online, be it through social media, over-the-top (OTT) or streaming networks, or the next new communications technology platform. Our attorneys also counsel clients on the legal issues facing new and burgeoning forms of digital expression, including podcasts, influencer marketing, and data-driven advertising.