Entertainment Law 101

John 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.

Tal Dickstein | Loeb & Loeb LLP

Tal Dickstein is an entertainment and intellectual property litigator focused on helping clients in the music, motion picture and advanced media sectors navigate complex legal and business issues in a changing industry landscape. He has prosecuted and defended copyright infringement cases on behalf of music publishers, record labels, performing artists and songwriters in courts across the country. He regularly helps film producers, broadcast networks and motion picture studios navigate issues such as fair use, defamation, and publicity and privacy rights. He has also advised content owners on ways to maximize the value of their works in both traditional media and cutting edge technology, and helped service providers avoid liability in the digital space.

In addition to his intellectual property practice, Tal has experience in complex commercial and real estate litigation. He has handled all phases of litigation, including discovery, trials and appeals, in both federal and state courts as well as AAA arbitrations. His clients appreciate his rigorous advocacy and pragmatic approach, including guidance on how to avoid disputes when possible.

Lauren Fried | Loeb & Loeb LLP

Lauren Fried is an experienced litigator representing high-profile clients in the entertainment and media sectors. Her practice focuses on the representation of production companies and artists in copyright issues.

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 cases in both state and federal courts and has represented clients in alternative dispute resolution proceedings.

Outside of her entertainment practice, Lauren has experience 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.

I. Basics of entertainment practice | 12:00pm – 12:20pm

• Various industries
• Different areas of law apply
• Considerations for high-profile clients (e.g., concerns about confidentiality, public relations, etc.)

II. Copyright | 12:20pm – 12:30pm

• Scope of protection for copyrighted works
• Fair use
• Licensing copyrighted works

III. Individual rights of celebrities | 12:30pm – 12:40pm

• Rights of publicity
  • Transformative use test
• Rights of privacy

IV. Defamation | 12:40pm – 1:00pm

• Basic elements
• Actual malice requirement
• Common defenses

Break | 1:00pm – 1:10pm

V. Employment issues | 1:10pm – 1:30pm

• Organized labor – actor’s strike; negotiating issues
• Non-compete agreements

VI. Advertising, trademarks, and marketing | 1:30pm – 1:50pm

• Trademark overview
  • Rogers test
• Celebrity endorsement rules
• False advertising overview

VII. Industry-specific issues and trends | 1:50pm – 2:10pm

• Social media
• Motion pictures and television
• Video games
• Music