Practice Areas & Industries: Manatt, Phelps & Phillips, LLP

Practice/Industry Group Overview

Entertainment

A Multitalented Player in Entertainment
Few industries rival entertainment in the diversity of its products (film, theater, Internet, broadcast and cable television, recorded music, concerts, books and video games) and players (recording artists, actors, television and radio personalities, producers, directors, writers, and agents). Manatt entertainment attorneys work with the full spectrum of entertainment industry participants and represent the interests of all the key business and creative players. Just one look at our client roster illustrates the sheer range and depth of our entertainment transactional practices.

• Film and multimedia clients include 19 Entertainment, AT&T, DreamWorks, DIC Entertainment, Endemol, Lionsgate, Sony Pictures Entertainment, Lycos Europe, Mark Burnett Productions, Music Sales Corporation, The Tornante Company (Michael Eisner’s company), and Time Warner.
• Broadcast and cable clients include CBS, Act III Entertainment, British Telecom, Twentieth Century Fox Television, Canal Plus, Granada Television, Sky Italia, Turner Broadcasting System, and WOWOW.
• Music industry clients include BMG Music, RCA Records, Warner/Chappell Music, and concert promoters such as Ticketmaster. In addition, we work with past and present recording artists like Burt Bacharach, Eagles, the Estate of Bob Marley, Huey Lewis & the News, Kenny Loggins, Barbra Streisand, Brian Wilson, and Neil Young.
• Merchandising and licensing clients include major toy manufacturers such as Mattel and Fisher-Price, and video game producers such as Activision Blizzard, Inc., on their entertainment-related projects.

A Practice with Staying Power—From Vacuum Tube to YouTube
When Lee Phillips merged his thriving entertainment law practice with Manatt, Phelps in 1977, the industry landscape was a lot easier to navigate. Recording artists made records and toured, TV shows primarily aired on one of the big-three networks, and movies had long runs in theaters before being edited for TV. In the years that followed, Manatt’s entertainment practice thrived as TV networks fractured into hundreds of cable channels, CD sales exploded, and home video cashed in on healthy new revenue streams. Then along came the Internet.

Today the entertainment and media industries face unprecedented challenges in an era of rapid technological advances. With the simple click of a mouse, the Internet and file sharing have opened a Pandora’s Box of issues ranging from intellectual property rights to copyright laws and the right to ownership. Web 2.0 sites such as YouTube, as well as new online media ventures and social media, blur established lines, threatening to undermine the value attached to talent and creative works. 

An A-List Performer for Contracts and Deals
The deals that fuel Hollywood are as legendary as the town’s brightest stars. For industry heavyweights, Manatt is the go-to firm to structure contracts and leverage entertainment properties. We know the industry players, often on a first-name basis, and have had a hand in many of the entertainment industry’s biggest—as well as behind-the-scenes—contracts and deals. Manatt’s entertainment practice handles talent and executive employment agreements, union and guild contracts, rights acquisitions and sales, as well as finance, syndication, production, and distribution agreements. Our attorneys are also knowledgeable on the raising of debt and equity capital from private and public sources to fund major studio and independent projects.

Trusted Counsel to the Stars
Movie stars, TV stars, and recording artists enjoy revenue streams rivaling many large corporations—but without the protections many corporations enjoy. Manatt acts as the equivalent of in-house general counsel to many of the biggest marquee names in the industry. We make sure acting, writing, directing, and producing talent receive every possible source of revenue from their endeavors, including new media and international distribution. And our lawyers have helped established recording artists who are free of label contracts to leverage revenue from their catalogs and set up profitable independent tours, as well as helping artists on major record labels manage all of the revenue streams from megatours. Manatt also calls upon its deep resources in insurance, real estate, IP, and advertising to counsel clients on personal, as well as professional, business ventures.

A Leader in Branded and Integrated Entertainment
The successful alignment between an entertainment-based vehicle and a brand requires a match between the entertainment experience and a brand’s attributes, as well as a formalized business partnership that maximizes value and return on investment. And while it can do wonders for promoting a brand and generating additional entertainment revenue, it also raises a host of new questions regarding ownership of intellectual property, financing, apportioning of liability, and creative control. Manatt is the first law firm to have a practice devoted to sourcing, negotiating, and managing branded content deals for feature films, television, new media, music, and video games. Our lawyers represent the interests of all key business and creative players in structuring innovative brand integration and activation arrangements.

Unmatched Litigation Counsel and Proven Track Record
It’s no secret that the entertainment business can be tough—and in that kind of environment, disputes will often arise. With entertainment litigation teams in Los Angeles, New York, and San Francisco, the sheer breadth of Manatt’s full-service litigation capabilities is unmatched. We complement in-depth knowledge of industry deals and transactions with solid expertise and a proven record in entertainment and media litigation. It’s a multidisciplinary practice that encompasses television, radio, motion pictures, music, art, and advertising. From high-profile disputes over copyright infringement and breach of contract to right of publicity matters, trademark claims, false advertising consumer class actions, and Digital Millennium Copyright Act claims, clients can be confident of Manatt’s counsel—because chances are we’ve already handled a case like theirs.

Entertainment Practice in Action

• INGrooves wanted to negotiate a strategic investment with Universal Music Group and called on Manatt to orchestrate the deal. The agreement provided an infusion of cash for INGrooves to expand, and solidified Universal’s reach into an ever-growing digital world.
• We act as general counsel for a two-time Academy Award winner. Recent work includes the negotiation of the deal for the actor to reprise his iconic role in a film sequel, as well as a deal for him to star in a feature film released in 2010. 
• We act as general counsel for a three-time Grammy Award winner who has sold more than 34 million records worldwide, including the negotiation of an agreement for the publication of his memoir and a reality series.

Services Available

We Understand Industry Diversity
Few industries rival entertainment in the diversity of its products (film, theatrical, Internet and concert performances, broadcast and cable television, recorded music, written works from books to scripts) and players (artists, producers, directors, writers and a host of business advisors). Manatt entertainment attorneys work regularly with the full spectrum of entertainment industry participants and represent the interests of all key business and creative players.

Film and Television Companies
Manatt has advised motion picture and television writers, directors and executive producers, as well as studios, networks and independent production companies on the development, production and exploitation of hundreds of films, both scripted and reality televisions series and programs. Our counsel covers everything from First Amendment issues, to financing and syndication, to international production and distribution agreements.

Film and Television Talent
Manatt represents top producers, actors, directors and writers working in film, television and the Internet, including many who redefine traditional boundaries and act in multiple capacities. Our attorneys advise “crossover” talent and companies simultaneously operating in the film, television, Internet and music fields.

Independent Distributors and Producers
Manatt has a strong reputation for representing independent producers and distributors of film, television, video and Internet products for both the U.S. and international marketplaces. We work with our clients from the formation and funding stages through production and delivery of the finished product, including the issues that arise from global distribution rights. Our attorneys have a practical feel for acquisitions, licensing and corporate matters.

Internet and New Media Ventures
We are deeply involved with the new and non-traditional ways in which entertainment is delivered to the consumer. Our attorneys have substantial experience in theme park design and construction, first-run syndication, production for video and cable, the development and use of production facilities outside Hollywood, the video game industry, video publishing and the complex and constantly evolving issues concerning content licensing and exploitation over the Internet and wireless devices. Our particular areas of technology focus include: 

Music and Recording Participants
Manatt attorneys have in-depth experience that meets the needs of all major participants in the music business, including recording artists, songwriters, recording companies and independent record labels, music publishers, producers and concert promoters. We represent them in commercial negotiations involving record and production deals, publishing agreements, side artist agreements, catalog acquisitions, copyright protection, concert agreements and Internet-related issues that include music downloading. We have particular insight into the most specialized industry issues, such as California's seven-year rule on recording contracts and the needs of motion picture and television production entities in contracting with music artists and record companies for music used in films and television programs.

Promoters and Concerts
Our music lawyers handle the contractual aspects of worldwide concert tours for both performer and promoter clients, including contracts with promoters, sound and light companies, stage designers, insurance companies, concert halls and ticket agencies and negotiations for tour sponsorship.

We Solve Industry Problems
Although the entertainment industry has some of the same business, financial and intellectual property issues found in other industries, many of its legal concerns reflect the unique nature of its products and participants. Manatt entertainment attorneys understand the general and the specialized problems our clients face and are skilled at resolving them effectively.

Advertising, Marketing and Sponsorship
Our powerful relationships with advertising agencies, artist representatives and celebrities, formed by years of experience as one of the premier law firms in the entertainment industry and strengthened by the firm's substantial Advertising, Marketing and Media Practice Group, are the foundation for our counsel on advertising, endorsement licensing and sponsorship opportunities for clients. We work with artists and companies from all media, including motion pictures, television, the Internet and new media, music and recording to negotiate and structure agreements that benefit all parties. With our comprehensive practice strengths, we can handle the trademark and copyright details, ensure compliance with advertising laws and regulation, resolve labor union or guild issues and settle such corporate and business points as compensation and royalties. We have particular skill at helping artists protect all rights to their names and likenesses through trademark registration.

Employment and Talent Agreements
We represent numerous entertainment companies in preparing and negotiating contracts with their talent employees, and we engage extensively in the counseling of these companies with regard to entertainment guild matters. Our attorneys also frequently serve as counsel to talent management companies and individual talent managers in negotiating agreements with their artist clients.

Finance
Manatt attorneys represent lenders, borrowers and public and private investors in the U.S. and in the major capital markets throughout the world, as well as other providers and users of capital in the entertainment industry. We negotiate and document loans for particular projects, as well as complex overall credit lines and “slate” deals. We have extensive experience with traditional negative pick-up and “gap” financing structures, as well as more complex structures, including such innovations as insurance-enhanced lending, complex multi-distributor “split rights” financings, foreign co-financings and foreign tax shelters. We also negotiate and document sophisticated joint ventures, private placements, public offerings and equity fund financings. We have also negotiated numerous audit disputes in the motion picture, television, recording, publishing and merchandising industries. Our recording industry audits have involved active pop and rock music performers and the estates of deceased performers, and we have handled audits involving current television shows and classic motion picture productions.

Mergers and Acquisitions
Our attorneys have assisted clients in the acquisition and disposition of entire businesses, of equity interests in publicly and privately held media and entertainment entities, asset acquisitions and dispositions and in merger transactions. Because of our in-depth knowledge in the entertainment industry, we are able to bring to these transactions the requisite level of expertise in assessing intellectual property rights and similar industry-specific knowledge.

First Amendment, Defamation and Right of Privacy
Manatt entertainment attorneys have advised television news and magazine programs, publishers, motion picture companies and performing artists in disputes over their First Amendment rights.

International Entertainment Ventures
Manatt attorneys regularly advise non-U.S. media companies on how to enter and do business in the U.S. entertainment industry, as well as assist U.S. companies with problems they encounter in global markets. We advise these groups and individuals on how to structure split rights and rights acquisition transactions and represent some of the largest entertainment companies in Asia, Europe, Latin America and Canada on a variety of new entertainment ventures.

Trademark & Copyright Issues
For artists and production companies, the use of intellectual property protected by trademarks and copyrights is a vital and complex concern. Manatt attorneys are experienced with all legal and business issues involving these works and provide focused counsel at each stage of their use and protection.

Clients:
AT&T, Michael Douglas, CBS Broadcasting , Lionsgate Television, Sony Pictures Entertainment, Ticketmaster Corporation, Twentieth Century Fox Television, Tyler Perry Productions, Robin WIlliams, WME Entertainment, Neil Young