Entertainment Law 101 (2024 Edition)

Alex Loveyko
Darwin J. Bruce
Justin M. Jacobson
John Gatti
Lauren J. Fried
Alex Loveyko | ChaseLawyers
Darwin J. Bruce | Haynes and Boone, LLP
Justin M. Jacobson | Law Office of Justin M. Jacobson
John Gatti | Loeb & Loeb LLP
Lauren J. Fried | Loeb & Loeb LLP

On-Demand: July 30, 2024

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4 hour CLE
Tuition: $295.00
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Program Summary

Session I - Understanding Media and Entertainment Law - Alex Loveyko

This session emphasizes the importance of legal regulations, including IP protection, contract enforceability, advertising rules, and state licensure, which are essential for maintaining industry standards. Attendees will delve into key legal concepts such as copyrights, trademarks, personality and publicity rights, defamation, libel, and contract law, gaining a robust understanding of their application in real-world scenarios. Furthermore, this session addresses unique considerations for high-profile clients, focusing on confidentiality, public relations, negotiation strategies, and effective problem-solving.

Key topics to be discussed:

  • Importance of legal regulations in the industry
  • Key legal concepts in media & entertainment law
  • Considerations for high-profile clients (e.g., concerns about confidentiality, public relations, etc.)

Session II - Drafting and Negotiating Media and Entertainment Transactions - Darwin J. Bruce

This session will address key considerations in drafting and negotiating contracts in the media and entertainment industry. It will focus on the evolving transactional issues affecting the industry while providing an overview of the different types of commercial transactions a media and entertainment lawyer may encounter. Be prepared to draft and negotiate deals based on current industry trends.

Key topics to be discussed:

  • Types of contracts for talent, production, distribution, and licensing
  • Understanding and protecting intellectual property assets in media and entertainment
  • Drafting considerations for transactions involving digital media and technology
  • Strategies for mitigating risks related to data protection and data privacy

Session III - Select “Hot” Topics in Entertainment Law – Justin M. Jacobson

This session will cover an array of “hot” topics trending in the media and entertainment legal space. The session looks at various industry-specific issues that are making headlines in the digital media and entertainment verticals including a look at Generative AI and copyright law and its impact on the entertainment field. The session also explores at some of the state and federal legislation as well as pending litigation brought by entertainment industry advocacy groups focused on Generative AI and “deepfakes” as it relates to an entertainer’s right of publicity in the individual’s “name, image, and likeness.” The session also looks at the emergence of esports as a legal discipline including exploring some legal matters related to competitive video games, streaming and content creation as well as the emergence of new monetized “user-generated content” (UGC) in video games such has Unreal Engine Fortnite (UEFN) and Roblox and some of the pending litigation related to child labor laws. It finishes by looking at social media legal disclosures required by entertainers including those for social media posts, live streams, and audio content.

Key topics to be discussed:

  • Generative AI & entertainment law
  • Video games and sports law
  • Social media disclosures by entertainers

Session IV - New Developments in Media & Entertainment Litigation – John Gatti, Lauren J. Fried

The session will cover litigation trends and new developments in five areas of media and entertainment litigation: intellectual property disputes, digital and streaming rights, defamation and right of publicity, anti-trust and competition law, and talent and employment contracts. We will round out the session discussing arbitration in the media entertainment space and some critical questions to think about and discuss with clients when opting for arbitration and once arbitration begins.

Key topics to be discussed:

  • Intellectual property disputes
  • Digital and streaming rights
  • Defamation and right of publicity
  • Antitrust and competition law
  • Talent and employment contracts
  • Arbitration in media and entertainment cases

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Alex Loveyko_FedBarAlex Loveyko | ChaseLawyers

Alexander Loveyko, Esq., a New York-licensed attorney based in Miami, specializes in intellectual property and entertainment law at ChaseLawyers®. He has a proven track record of assisting brands and influencers with their unique legal needs in the rapidly evolving digital landscape. Mr. Loveyko expertly navigates the complexities of social media technology projects, offering comprehensive legal support for advertising and transactional agreements, deals between brands and influencers, as well as new social media projects that similarly need to be guided when it comes to staying within the boundaries of social media, advertising, privacy and copyright laws.

Additionally, he has experience in organizing and managing online sweepstakes and contests, involving brands, third-party sponsors, organizers of sweepstakes, and influencers tasked with promoting a specific contest, providing end-to-end legal oversight to safeguard both the brands and their participating audiences. With a deep understanding of the challenges and opportunities presented by the internet and social media, Mr. Loveyko is a trusted advisor to clients looking to maximize their online presence while minimizing legal risks.

 

Darwin J. Bruce_FedBarDarwin J. Bruce | Haynes and Boone, LLP

Darwin J. Bruce has extensive domestic and international experience in commercial transactions, media and entertainment transactions, business organization, strategic planning, operations, and mergers and acquisitions. His practice focuses on commercial transactions, media and entertainment transactions, corporate governance, mergers and acquisitions transactions, finance, and real estate transactions.

Darwin has been featured in D CEO Magazine in a profile about lead executives operating non-profit companies. His publications include the book “The Map to Entrepreneurship.” Darwin has experience in all phases of business organization and management. He has handled several high stakes commercial, corporate and finance transactions in a broad range of industries, including media and entertainment, finance, technology, consumer goods, and real estate. He works with entrepreneurs, business executives, and other leaders in their quest to manage all matters affecting corporate structure, strategic planning, and operations of their organizations. He has been a guest speaker at events in the United States and abroad.

Darwin has served as the chief operating officer and general counsel for a media and entertainment company where he was responsible for managing all business operations for the organization and its affiliated entities. He handled a wide variety of transactions in the media and entertainment industry. He has also served as senior vice president and general counsel for a private equity company. Darwin provided management oversight for companies in the private equity portfolio and handled all mergers and acquisitions. He handled complex financial transactions, mergers and acquisitions, corporate and securities matters, employee relations, general commercial transactions, and other related business matters.

 

Justin M. Jacobson_FedBarJustin M. Jacobson | Law Office of Justin M. Jacobson

Justin M. Jacobson, Esq. is an entertainment, esports and video game attorney located in New York City. For the last decade, he has worked with professional athletes, musicians, producers, DJs, record labels, fashion designers as well as professional gamers, streamers, coaches, on-air talent and esports organizations. He assists all of these creative individuals with their contract, copyright, trademark, immigration, tax and other related business, marketing and legal matters.

Justin is an Adjunct Professor at University of North Carolina Wilmington, Post University in Connecticut, Harrisburg University, and CUNY Hunter College. He has authored “The Essential Guide to the Business; Law of Esports; Professional Video Gaming” and is on the Board of Directors for non-profits Coalition of Parents in Esports (COPE) and Garden State Esports.

 

John Gatti_FedBarJohn Gatti | Loeb & Loeb LLP

John Gatti is a litigator with a practice focused in the entertainment, media and sports industries. John brings more than 30 years of litigation and trial experience in state, federal and bankruptcy courts as well as representing individuals and corporations in complex business and commercial lawsuits. Widely recognized as a leader in the entertainment industry by publications such as The Hollywood Reporter, clients including studios, television networks, film financers, talent, gaming and sports entities, and independent entertainment production companies look to John as a trusted advisor. His experience includes providing counsel on actions for breach of contract; unfair competition; copyright and trademark infringement; profit participation claims; idea submission claims; and media torts, including defamation, invasion of privacy, right to publicity and use of celebrity name and likeness in all media, including the Internet.

 

Lauren J. Fried_FedBarLauren J. Fried | Loeb & Loeb LLP

Lauren Fried is an experienced litigator representing high-profile clients in the entertainment, technology, and media sectors. Her practice includes representing production companies, studios, satellite and network broadcasters and high-profile celebrities and athletes in a range of matters including business disputes, copyright and intellectual property litigation, right of publicity, false advertising, and unfair competition. Lauren has extensive hands-on experience researching and writing dispositive and other substantive motions in state and federal courts, and she works closely with clients to develop and manage case strategies. She advises clients on their most sensitive business matters. Lauren has tried multiple cases in both state and federal courts and has represented clients in commercial arbitration. Outside of her entertainment practice, Lauren has experience with eminent domain litigation. Prior to her private practice, Lauren served as associate counsel for Zebra Technologies Corporation and has conducted mediations in Illinois courts for the Center for Conflict Resolution. Lauren is an adjunct professor at Northwestern University’s Pritzker School of Law teaching sports law and business.

Agenda

Session I – Understanding Media and Entertainment Law | 11:00am – 12:00pm

  • Importance of legal regulations in the industry
    • IP Protection
    • Contract enforceability
    • Advertising rules & guidelines
    • State licensure
  • Key legal concepts in media & entertainment law
    • Copyrights & TMs
    • Personality & publicity rights
    • Defamation & libel
    • Contract law
  • Considerations for high-profile clients (e.g., concerns about confidentiality, public relations, etc.)
    • Confidentiality
    • Public relations
    • Negotiation & leverage
    • Problem-solving

Break | 12:00pm – 12:10pm

Session II – Drafting and Negotiating Media and Entertainment Transactions | 12:10pm – 1:10pm

  • Types of contracts for talent, production, distribution, and licensing
  • Understanding and protecting intellectual property assets in media and entertainment
  • Drafting considerations for transactions involving digital media and technology
  • Strategies for mitigating risks related to data protection and data privacy

Break | 1:10pm – 1:20pm

Session III – Select “Hot” Topics in Entertainment Law |1:20pm – 2:20pm

  • Generative AI & entertainment law
  • Video games and esports law
  • Social media disclosures by entertainers

Break | 2:20pm – 2:30pm

Session IV – New Developments in Media & Entertainment Litigation | 2:30pm – 3:30pm

  • Intellectual property disputes
  • Digital and streaming rights
  • Defamation and right of publicity
  • Antitrust and competition law
  • Talent and employment contracts
  • Arbitration in media and entertainment cases
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