Representing plaintiffs and defendants—individuals, production companies, television networks, movie studios and entertainment technology companies—our trial attorneys are known for their record of winning and resolving disputes arising from the creation and exploitation of creative works across all media.
Through summary judgment and other pretrial motions, we frequently resolve disputes without ever exposing our clients to the risk and expense of trial. When it is warranted, our greatest strength lies in our ability to win business disputes at trial.
In addition, Kelley Drye is at the forefront of emerging spaces—new legal issues stemming from the digital evolution in the industry related to virtual reality and augmented reality, as well as First Amendment issues as they relate to online speech.
Known for being tough litigators, experienced, forward-thinking and effective, our prominent roster of clients includes top-tier industry names such as Twentieth Century Fox, Warner Brothers, The Walt Disney Company, American Broadcasting Company (ABC), Home Box Office, The CW Network, NBC Universal, CBS Broadcasting Inc., Paramount Pictures Corporation, Roseanne Barr, Elizabeth Taylor Trust, Langley Productions and WME│IMG.
We specialize in:
Media and First Amendment–Among the many types of First Amendment claims we have defended are defamation lawsuits against both local and national news organizations, invasion of privacy claims against news-gathering journalists, claims for misappropriation of name, likeness and voice, and claims based upon speech.
The rise of blogging and social media has generated an increase in defamation lawsuits. We are among a handful of attorneys specializing in First Amendment, litigating matters on behalf of businesses and individuals whose reputations have been defamed online by anonymous commentators.
In order to avoid lawsuits, Kelley Drye provides advice to those engaged in news gathering and production.
We’ve also represented a number of artists, TV production companies and investigative journalists involving First Amendment rights and privacy issues.
Copyright and Trademark–Our attorneys provide both strategic and litigation-related advice to maximize legal protection for our clients’ creative works and to minimize exposure to copyright infringement claims from others. We focus on developing resolution strategies to avoid litigation when possible and to protect the commercial potential of our clients’ intellectual property.
Fully conversant with all trademark-related matters, our attorneys assist clients with the protection and enforcement of their trademarks including infringement actions and claims. When negotiation leads to litigation, we move quickly to protect our clients’ brands.
Right of Publicity and Misappropriation of Likeness–Individuals have rights regarding the commercial use of their name, image, likeness or other aspects of their identity. When violations to a right of publicity occur, our proven litigators devise actionable strategies that result in the right outcomes for our clients. Conversely, many individuals mistakenly believe that they have the right to control all aspects of media regarding their name and likeness. Our litigators often defend motion picture studios, production companies and others involved in creating works regarding people of historical significance.
Many times issues related to right of publicity and misappropriation of likeness result in relation to advertising, endorsements or social media. When necessary, our attorneys tap into the expertise of our advertising and marketing practice group to ensure a favorable outcome for our clients.
Talent Disputes–Our attorneys are frequently called upon to represent, advise and assist clients when talent disputes arise. Whether simple or complex, involving only a single individual or many individuals and entities, we successfully resolve disputes without the need for lengthy proceedings even though we’re fully prepared to take disputes through trial and private hearings when necessary.
From informal negotiations to courtroom or arbitration proceedings, for over three decades we have resolved talent-related disputes quickly and efficiently so that our clients can focus on their core business – creating, producing and distributing motion pictures, television programming, music and other products.
Idea Submission Claims–Our attorneys are experienced in idea submission claims. The breadth of our practice, and the depth of our talent, is reflected in the many victories and favorable resolutions we have achieved in publicly filed lawsuits based on claims of idea theft.
Virtual Reality–As new legal issues have come to the forefront with the advent of emerging technologies, our attorneys have been on the leading edge of this new and evolving media technology space – apps, on-demand streaming, virtual reality games and venues – advising clients on compliance rights, intellectual property concerns and privacy protection.
Production, Distribution and Financing Disputes–As many of our clients engage in the production, distribution and financing of motion pictures and television programming, we are frequently retained to resolve disputes that arise from those business operations. With expertise and understanding of the nuances of motion picture and television finance and distribution, we assist clients in resolving disputes, whether in pre-litigation negotiations or through a trial on the merits.