Media, Sports and Entertainment

Overview

Arent Fox represents a varied group of clients in the media, entertainment and sports industries, offering specialized legal services to these distinctive fields.

Media / Entertainment

Arent Fox has served the film and entertainment industry since the early days of silent films. We have expertise in all phases of the film and television production process, from inception of a movie idea through the marketing and merchandising of toys to theme park rides. Arent Fox also 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 story telling possible. Examples of our services include:

• Representing authors in negotiating publishing agreements for fiction and non-fiction.
• Protecting authors against third-party claims by making certain that their text does not encroach on the privacy or publicity rights of their subject matter or defame any of the described individuals.
• Negotiating a publishing contract for a well-known American historian who had served as an historical advisor on motion pictures dealing with the role of African Americans in the Civil War.
• Representing the heirs of world-famous authors in recapturing rights previously conveyed at less-than-market value prices.
• Representing a famous political cartoonist and negotiating a deed of gift to the Library of Congress of the original artwork and other personal memorabilia.

When it comes time to make a film deal, Arent Fox stands beside the authors, the film producer or studio in negotiating underlying rights acquisition agreement, which will facilitate the production of multimillion-dollar feature films. We also assist film companies in exploiting their assets, including the sale and merger of cinematic assets as part of film library transactions.

Arent Fox has assisted almost every major film studio while retaining our ties with individual artists and business people. We are currently representing a small production company run by a well-known actor, as well as an individual producer of several highly regarded features and television productions. We have assisted a client in setting up a successful online music site and counseled clients in entering the Chinese market to obtain a broadcast license. Other notable clients include Discovery Television, Discovery Health, Animal Planet and The Learning Channel.

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 commentators for hosting radio and television programs broadcast nationally and the advertiser that funded the programming. We have worked closely with public television to continue its prestigious programming. We also assist in resuscitating former public domain materials by restoring rights in well-known stories, motion pictures—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.

Sports

Arent Fox’s sports practice is one of the most experienced in the country. We serve as counsel to the Washington Wizards NBA franchise, the Charlotte Bobcats NBA franchise, the Washington Mystics WNBA franchise and the Charlotte Sting WNBA franchise. Arent Fox also has advised numerous purchasers and sellers of professional football, basketball, hockey and soccer teams, as well as team tennis.

Arenas and Stadiums

Arent Fox has served as counsel in the acquisition, development, financing and operation of the Verizon Center (formerly MCI Center), the downtown DC sports arena, which serves as the home for the Washington Wizards, the Washington Mystics and the Washington Capitals. We advise in all facets of the Verizon Center’s operation, including:

• Naming rights.
• Sponsorship and promotional agreements.
• Signage agreements.
• Leasing and advertising.
• Concert promotion.
• Entertainment and sports-related employment.
• Labor agreements and contracts.

We also serve as counsel in the acquisition, development, financing and operation of a new downtown arena in Charlotte, NC, which will serve as the home for the new NBA and existing WNBA franchises.

Arent Fox was involved in the development and construction of these professional sports facilities, as well as numerous smaller stadiums, arenas and related projects for soccer teams, minor league baseball teams, minor league hockey teams, colleges and universities:

• Camden Yards (Baltimore Orioles).
• Ravens Stadium (Baltimore Ravens).
• Qualcomm Park (San Diego Padres).
• Miller Park (Milwaukee Brewers).

Arena, Stadium and Team Financing

Arent Fox has expertise in financings for the initial acquisition of professional sports teams and the refinancing of existing arenas, stadiums and teams through public and private means. Specialties include:

• Seat licenses.
• Public/private lease arrangements.
• Bond financings.

Labor and Employment

Arent Fox negotiates players’ contracts, coaches’ contracts, key executive contracts and contracts for related sports personnel and provide counsel on salary caps, collective bargaining agreements and other labor issues. We also handle grievances, arbitration and litigation issues. For example, we advised both the Washington Wizards and the Charlotte Bobcats on employment issues. We prepared and negotiated all of the employment contracts with the management of the team, including the coach and general manager.

Technology

Arent Fox’s sports technology and communications experts provide counsel on negotiation, implementation and regulation of new media arrangements involving the Internet and related media providers. Arent Fox negotiated the AOL-NFL-CBS-Sportsline marketing arrangement, the AOL–NASCAR–Turner Sports marketing arrangement and numerous other Internet and e-commerce sports-related matters. We also provide counsel on traditional communications arrangements with network and cable TV and radio broadcasts and licensing and syndication of broadband Internet programming.

Representative transactions include:

• Representation of Washington Sports & Entertainment Limited Partnership, which owns the Washington Wizards, Washington Mystics and the Verizon Center.
• Representation of the Charlotte Bobcats and its owners in collateral entertainment aspects of the team, including the development of a regional sports network and an entertainment company for non-basketball related arena events.
• Representing the Washington Wizards in the transaction with Michael Jordan to appoint him the team’s President of Basketball Operations.