Media and Entertainment
Post-pandemic box office woes, the writers’ strike, the move to streaming, and generational shifts in media consumption have upended the media and entertainment industry. From IP protections and labor relations to corporate and talent disputes, Kelley Drye’s experienced and knowledgeable media and entertainment team helps clients through it all.
With full-service offerings from locations across the United States, Kelley Drye is deeply enmeshed in the needs and opportunities of the media and entertainment industry. Our seasoned litigators, corporate dealmakers, and policy advisors understand what keeps industry leaders up at night and how to position them for continued success. And those clients seamlessly draw on the firm’s deep knowledge and experience in an array of niche areas.
The ability to protect and advance your intellectual property is critical to your company’s integrity, reach, and future success. We offer invaluable strategic prosecution advice on copyrights and trademarks. When our clients’ IP assets are threatened, our “IP Litigation Powerhouse” (BTI Consulting) takes action, representing clients in copyright and trademark litigation.
We also counsel and represent clients in IP transactions, name and likeness deals, and licensing deals for media and entertainment companies, luxury and consumer brands, and artists, designers, and other creatives.
From internal investigations and white collar enforcement to commercial disputes, consumer fraud, and more, Kelley Drye is one of the “most feared law firms” for litigation. Representing plaintiffs and defendants—individuals, talent agencies, production companies, content creators, 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.
At the outset of every litigation, we explore with our clients a range of acceptable business outcomes, which then shape the ultimate goals for the case. We manage each case carefully and efficiently but believe the best approach is to assume each case will go to trial. Through aggressive and focused litigation tactics, we are best able to steer a case to a successful outcome. When it is warranted, our greatest strength lies in our ability to win business disputes at trial.
We work closely with leaders across industry sectors to develop and drive corporate strategies for responding effectively to organized labor. Our attorneys bring a deep, practical knowledge of the real-world, real-time tactics that make a labor strategy effective. Our team practices extensively before the National Labor Relations Board (NLRB), arbitrators, mediators, state labor boards, other government agencies, and state and federal courts.
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 litigators devise actionable strategies that help our clients manage the matter at hand in the context of their larger corporate business objectives. 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 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 regulatory and industry knowledge of our advertising and marketing team to ensure a favorable outcome for our clients.
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 more than 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 content.