Media & Entertainment

 
Kimberly B. Herman Partner (617) 338-2943 vCard

Members of our Media & Entertainment Practice work with advertising agencies, advertising agency networks, direct marketers, media companies, publishers, television and cable networks, filmmakers, producers, individual talent and celebrities, technology companies and operators of digital content platforms, among others, on an array of media and entertainment matters.

We advise on all segments of the entertainment industry, including interactive and digital entertainment, mobile applications, motion pictures, television, music, publishing and sports. In particular, we advise our clients on strategies to monetize content on traditional and developing platforms.

Our practice covers areas as diverse as content development and content clearance, regulatory compliance, consumer protection, intellectual property, celebrity endorsements, collective bargaining agreements, social media, e-commerce, promotions, sweepstakes, contests, product placement, licensing, defamation and invasion of privacy.

Representative Client Work

  • Counsel entertainment and advertising companies with respect to SAG/AFTRA, WGA, DGA and IATSE collective bargaining agreements, including signatory relationships and the negotiation of waivers with the guilds and unions, where possible
  • Negotiate interactive and multi-media agreements with SAG/AFTRA and WGA
  • Assist with pre-publication review of content including advertising materials and music to determine whether use by a wide variety of content publishers including film and television producers falls within fair use  guidelines as well as case law
  • Advise entertainment and advertising clients on reality television, brand integration and the development and exhibition of content over the Internet and mobile devices
  • Counsel advertisers and marketers on sponsored content and native advertising best practices, including compliance with FTC endorsement and disclosure guidelines, particularly with respect to influencer marketing and social media
  • Advise on execution of sweepstakes and contests from official rules to prize fulfillment
  • Counsel advertisers and other media clients on a variety of issues and transactions ranging from sponsorship agreements, media and celebrity placement agreements to matters related to branded entertainment
  • Negotiate publishing, management and composer agreements, as well as venue agreements, digital content, distribution and license agreements
  • Litigate claims of false advertising, deceptive or misleading trade practices as well as unfair competition, defamation, copyright, right of publicity and other intellectual property disputes