Arts and Entertainment Law
In addition to its litigation practice, the firm has substantial expertise advising artists and entertainers. For example, we represent, or have represented, numerous musicians and bands in drafting and negotiating their contracts (such as Band Operating Agreements, Performance Contracts, Recording Contracts, Management Agreements, and Synchronization Licenses), including Ali Baba’s Tahini; Bones, Jugs & Harmony; Hayward Williams; Hoo Doo Groove; Howard “Jaui” Schneider; Kommunity FK; Mushroomhead Experience; Northwest Choral Society; and Scott Wesley. Additionally, we have represented some of the world’s most successful photographers, including Cesar Russ and Tosca Radigonda in obtaining copyright registrations, enforcing their copyrights, and drafting and negotiating model release and license agreements. For example, the firm was (or is):
- Lead counsel for recording artist against The Orchard in hotly contested matter for unauthorized distribution of recordings, resulting in favorable settlement;
- Lead counsel in several music sampling matters for well-known recording artists, which all favorably settled;
- Lead counsel for numerous photographers in cases involving unauthorized use of their photographs, which all favorably settled, including a case involving a famous photograph of a celebrity where a favorable judgment and reasonable attorney fees were awarded; and
- Lead counsel for the sculptor in a case involving the unauthorized copying of the famous Chicago DuSable statue, which favorably settled.
The firm has also represented other entities in the arts and entertainment industry, including Pacific Records. Pacific Records has signed internationally acclaimed artists such as Lindsay Perry, Lito Romero, Men & Gods, and Sandollar. We also advises modeling agencies and arts foundations on matters concerning operation and intellectual property protection.
Representative issues we are experienced in taking on include:
- Obtaining copyright registrations and assisting clients through the process so they can comfortably register their own copyrights;
- Enforcing intellectual property rights of artists and creatives through cease and desist letters and DMCA take-down notices;
- Negotiating agreements in the arts and entertainment space, including collaboration agreements, band agreements, performance contracts, recording contracts, sync agreements, producer and producer shopping agreements, intellectual property licensing agreements, and releases; and
- Advising clients on the risks associated with creating, releasing, and using various types of creative works.