Media and Entertainment

Overview

Arent Fox has one of the premier media and entertainment practices in the country, representing, among others, Discovery Channel, Pixar, Disney, PlayStation, Apple, CW Network, Travel Channel and Cartoon Network. Anthony Lupo, the practice head of the group, has been described by Chambers USA as the “go to” intellectual property lawyer on the East Coast for television and movie studios.

Media and Entertainment

Arent Fox has served the film and entertainment industry since the early days of silent films. We have significant experience in all phases of the film and television production process, from inception of a pilot or movie idea through the marketing and merchandising of toys to theme park rides. Arent Fox understands the evolving technology of the motion picture industry as it gradually transitions from a physically based celluloid system to the digital era, in which films are captured, created, processed, and distributed in electronic form.

We represent the creators of the raw material that makes motion picture storytelling possible. Examples of our services include:

• Clearing all copyright, trademark and patents related to Toy Story 2, A Bug’s Life, Finding Nemo, Monster’s Inc., Cars, The Incredibles, UP, and Toy Story 3
• Representing Discovery Channel in clearing rights of publicity, trademarks, patents, talent agreements, acquisition of portfolios, e-commerce agreements, and delivery of content through various platforms
• Representing cable and television companies on issues related to fraudulent distribution and market entity
• Successfully represented Travel Channel and Discovery Channel in idea theft litigation
• Representing CW Network, CNN, Cartoon Network, and Turner on trademark and domain issues
• Representing Warner Bros. on trademark and litigation issues related to its properties
• Representing the estates of Albert Einstein, Steve McQueen, and the Marx Brothers in protecting post mortem publicity and trademark rights
• Assisting television companies in obtaining broadcast licenses in China, and handling other television and film related needs in other foreign countries

We have uniquely trained copyright specialists who are familiar with analyzing complex chains of title in motion pictures and underlying properties as affected by US and foreign laws, including: unfair competition, privacy rights, publicity rights, First Amendment rights, defamation and rights in the physical film material.

Arent Fox represents performers and interpreters of creative material. For example, we have negotiated personal services agreements with well-known sports personalities and radio and television program commentators who host programs broadcasted nationally as well as the advertiser that fund such programming.

We also worked closely with public television to continue its prestigious programming.

We assist in resuscitating former public domain materials by restoring rights in well-known stories, motion pictures, and other materials—even dolls. Where authors have improperly conveyed their rights, we assist in recapturing those rights under both the renewal copyright provisions and the more recently enacted termination of transfer rights of the Copyright Act. Many of these terminations have resulted in highly favorable renegotiations for both the authors and the heirs of the authors.

Related Practice Areas

Advertising, Sweepstakes and Contests Law
Arent Fox is one of the leading advertising and promotions law firms in the country. We have a wealth of experience counseling clients on their own advertising and promotions and in handling disputes relating to false or misleading advertising used by our clients’ competitors. We also have significant experience in clearing promotions and advertising globally.

Corporate
Arent Fox has a full service corporate practice and is experienced in mergers and acquisitions, joint ventures, SEC reporting and corporate governance, private and public offerings of equity and debt, and other financing transactions. We advise on major technology innovations, including application service platforms, search technology, data management, video and audio streaming and mobile download content licensing and syndication.

Intellectual Property
With extensive experience prosecuting and defending against infringement claims in state and federal courts throughout the United States, Arent Fox is one of the nation’s preeminent IP litigation firms. Arent Fox represents clients across the intellectual property spectrum, including motion picture and television producers, advertising agencies, interactive software companies, live theatrical producers, music publishers and record labels, photographers, artists, as well as manufacturers of toys and other copyrightable works on all phases of copyright, right of publicity, patent and trademark law.

Litigation
Arent Fox has represented media and entertainment clients in numerous suits involving claims of trademark and copyright infringement, unfair competition, trade secret misappropriation, false advertising and invasion of privacy/publicity and commercial disputes over programming, talent, finance, contract, insurance and accounting matters in state and federal trial and appellate courts throughout the country.

Sports
Our media and entertainment team works closely with our sports practice to provide advice and counsel to various professional teams, including the Washington Wizards, Charlotte Bobcats, NJ Nets, Tampa Bay Rays, Washington Capitals, DC United and Los Angeles Lakers. We also advise broadcasting companies such as Fox Broadcasting, CineSport, The Tennis Channel and America Online in connection with the negotiation, implementation and regulation of media arrangements involving traditional communications arrangements with network and cable TV and radio broadcasts, and licensing and syndication of digital and interactive media rights, as well as the Internet and related media providers.