Charmaine D. Smith focuses her transactional practice on the licensing of music, videos and other entertainment-related content, and the protection, maintenance, exploitation and enforcement of trademark, copyright and publicity rights. She has wide-ranging experience drafting and negotiating digital content agreements (with record labels and other content providers/licensors) on behalf of clients with digital music/media services and offerings, managing domestic and international trademark portfolios, drafting and negotiating trademark purchase/sale and license agreements, and counseling and strategizing with clients on trademark, copyright, publicity rights and entertainment-related new media issues.
Concentrations
•Transactional entertainment-related matters in the music and film industries
•Advising clients with respect to various aspects of digital media offerings
•Preparing and negotiating complex term sheets and content agreements with record companies (majors, independents and aggregators), both U.S. and international, covering audio and audiovisual content with respect to virtually every type of digital media offering, including permanent downloads, subscription offerings, streaming services, ad-supported services, 'locker' services, ringtones, ringback tones, pre-loaded devices and video games, and providing related strategic counseling
•Preparing and negotiating complex term sheets and content agreements with music publishing companies and music publishing rights organizations, including for new media products and service offerings and more traditional offerings
•Preparing and negotiating digital media agreements with motion picture studios and video content providers, including for electronic sell-through, preload distribution and streaming offerings
•Copyright counseling and guidance in the digital media space, including analysis of new developments in the copyright laws and impact on services and offerings, and analysis of complex rights licensing issues associated with new models
•Strategic counseling and drafting of complex agreements for companies offering marketing, digital media support and/or digital back-end services to musical artists and record labels
•Trademark prosecution, counseling, licensing and enforcement
•Copyright prosecution, counseling, licensing and enforcement
•Publicity rights counseling
•IP and related litigation, including trademark infringement, false advertising, copyright infringement, misappropriation of trade secrets, unfair competition and patent infringement
•Due diligence review of domestic and international IP portfolios
Recognition & Leadership
Awards & Accolades
•Listed, The Best Lawyers in America
•Entertainment Law - Music, 2025-2026
•'Lawyer of the Year,' Atlanta, 2026
•Litigation - Intellectual Property, 2017-2026
•Copyright Law, 2023
•Listed, Billboard magazine, 'Top Music Lawyers,' 2024-2025
•Listed, Thomson Reuters, 'Stand-Out Lawyers,' 2024-2025
•Listed, Billboard, 'Women in Music List,' 2024
•Team Member, a U.S. News - Best Lawyers 'Best Law Firms,' 'Law Firm of the Year' in Information Technology Law, 2024
•Shortlisted, Euromoney, Americas Women in Business Law Awards, 'Best in Media & Entertainment,' 2023-2024
•Team Member, a Law360 “Media & Entertainment Practice Group of the Year,” 2022
•Listed, Super Lawyers magazine, Georgia Super Lawyers, 'Rising Star,' 2006-2015
•Listed, Georgia Trend magazine, 'Legal Elite,' 2012-2013
•Team Member, a U.S. News - Best Lawyers 'Law Firm of the Year' in Entertainment Law - Music, 2011-2012
•Selected, Fulton County Daily Report, 'Atlanta Attorneys on the Rise,' August 2011
•Recognized, Atlanta Business Chronicle, 'Dealmakers,' April 16, 2009