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Entertainment, Advertising and New Media

The legal issues that arise in association with endeavors involving entertainment or emerging technology are vast and touch on many nuanced legal implications that simply require skills and knowledge that only a few practitioners possess.  We have those skills and experience from years of working with industries that merge the disciplines of copyright, trademark, licensing, business and commercial transactions, technology, and media.  In addition to providing traditional legal services in the areas of business, corporate and intellectual property transactions, Bell Nunnally attorneys are unusually experienced and sought after as leading-edge entertainment, advertising, and new media law practitioners.

Entertainment

Bell Nunnally represents and counsels clients in various areas and genres of the arts, including music, film, television, radio, theatre, visual arts, literary publishing, amateur and professional athletics, and interactive media.

Music

Bell Nunnally's music attorneys are among the most nationally and internationally well-respected in the Mid-Coast.  Our attorneys have represented some of the world's foremost recording artists, songwriters, performers, producers, and personal managers. We are counsel to music publishing, recording, and production companies, digital distributors of music, talent agencies, and promoters.

We have extensive experience negotiating, drafting and evaluating:

  • Recording, Songwriting, Publishing and Distribution Agreements
  • Record Producer Agreements
  • Music and Sampling Clearances
  • Film and Television Soundtrack Agreements
  • Sponsorship and Endorsement Deals
  • Merchandising, Touring and Other Live Performance Agreements
  • Management and Agent Representation Agreements

Our attorneys are adept at forming record labels, publishing companies, and production companies, as well as artist loan-out companies and intra-group agreements.  We also utilize significant resources to ensure that our clients' copyrights, trademarks and other proprietary rights are protected and enforced.

Art

Bell Nunnally attorneys represent a broad spectrum of clients -- including artists, dealers, museums, foundations, galleries, auction houses, collectors, event organizers and third-party vendors -- in a variety of matters concerning art and artifacts.  Representation of such clients spans from creation and exhibition to sale and post-sale disputes.  The following is a list of representative services Bell Nunnally provides its art clients:

  • Estate planning and tax issues for artists, collectors, donors, and donees
  • Negotiation and drafting of business agreements related to the creation, exhibition/use, and sale of artwork
  • Museum, gallery, foundation, and other collector advisory services
  • Private sale, consignment, and auction advisory services
  • Private and public commissions
  • Art authenticity and provenance:   
    • Pre-sale advisory services to protect against issues surrounding art authenticity and provenance
    • Litigation stemming from misrepresentations or fraud involving the authenticity or provenance of works purchased
  • Restitution claims
  • Licensing intellectual property rights for various uses related to merchandising and exhibition use
  • Related services, such as copyright and trademark protection, rights enforcement and litigation, and employment advisory services and agreements

Film & TV

Bell Nunnally's attorneys handle all aspects of film and television production, financing, and distribution. We have experience serving as legal counsel to movie exhibition and distribution companies, independent film companies, and production companies with respect to negotiating development/production agreements, option/acquisition agreements, creating production entities, engaging writers/directors/producers, investment and financing agreements, and coordinating with distributors/banks/financiers and completion guarantors on a picture-by-picture and multi-picture basis. We also represent the legal, business, and personal interests of numerous producers, performers, writers, directors, managers, and other talent and entrepreneurs in film and television.

Literary Publishing

Bell Nunnally also has significant experience in literary publishing. Our attorneys have served clients ranging from publishing companies to authors.  We counsel clients in all aspects of trade, academic, professional, and commercial publishing with respect to the acquisition and sale of publishing assets and titles.  We also represent, among others, children's authors, novelists, and non-fiction writers in negotiation and contractual matters.

Merchandising & Special Events

The firm's attorneys have negotiated merchandising licenses and agreements for a variety of entertainment and sports-related properties, such as endorsement and sponsorship deals, branded media and sponsor-funded productions, clothing companies, and marketing campaigns. We also represent performers, producers, promoters, and associated recording, broadcasting and merchandising companies for the production of fairs, festivals, concerts, sporting, charitable fundraising, and other special events.

Sports

Bell Nunnally attorneys can assist our clients with a full-service approach to sports franchises and properties. Our sports lawyers have worked with amateur and professional athletes (such as professional boxers, football, basketball and baseball players and U.S. Olympians), coaches, league franchises, broadcasters, sponsors, and promoters with respect to the unique legal issues related to various matters, including:

  • Contract Analysis, Drafting, Negotiation and Enforcement
  • Endorsement and Sponsorship Deals
  • Intellectual Property Licensing, including Broadcast and Merchandising Rights

We also assist other attorneys, agents, and executives by supplementing their services and knowledge and, in turn, strengthening their relationships with their clients.

Media

Bell Nunnally attorneys have actively represented media outlets including newspapers, magazines, and web-based broadcasters in a number of broad issues and matters. We have the skill and experience to support our clients in the areas of advertising and political advertising, reality shows and contests, copyright and trademark infringement, publishing, and broadcasting contracts, on-air talent agreements, Federal Communications Commission rules and regulation compliance, and related issues. We have experience assisting individuals in obtaining access to meetings and records under Sunshine, Open Meetings, and Open Records Laws, and the federal Freedom of Information Act, as well as access to judicial records and proceedings.

Advertising & Marketing

We represent clients involved in all aspects of advertising and marketing, including advertising and media placement agencies as well as promotional and entertainment companies. We advise clients with respect to unfair competition, false advertising, and regulatory matters, as well as copyright and trademark issues. Our attorneys provide guidance with respect to comparative advertising, prizes, giveaways or sweepstakes, labeling, claim substantiation and regulatory matters, including compliance with Federal Trade Commission, Federal Communications Commission, industry-specific, and other applicable rules and regulations. We assist our clients in navigating telemarketing, e-mail, and fax laws, and provide advice with respect to children's advertising, Internet advertising, and political advertising issues. We draft and negotiate agency and talent agreements and releases as well as sponsorship and endorsement deals. We license music and other proprietary rights, develop joint promotion agreements, and provide a myriad of related services to ensure our clients’ products and services comply with all applicable regulations before being presented to the public.

New Media, Internet & Technology

Our overall focus for our clients is on the protection and commercialization of their technology.  We are experienced in assisting our clients purchase, sell, develop, and license technology.  We counsel and advise early stage and growth-oriented technology owners and developers in licensing their proprietary technology, evaluating and negotiating development and joint venture agreements, and protecting their ownership rights.  Some key accomplishments and experience of our attorneys include:

  • Expertise in technology, software, and merchandise licensing, commercial transactions, and  internet law
  • Advise clients on their rights to license, own, use, and protect proprietary technology,  intellectual property, and celebrity rights of publicity; prepare and negotiate agreements governing the license, development, manufacture, and sale of products containing proprietary technology, trademarks, celebrity likenesses, content, and digital rights
  • Counsel clients on Internet law issues, including current legislation governing privacy rights, Federal Trade Commission (FTC) enforcement of the Children’s Online Privacy Protection Act (COPPA), and the CAN-SPAM Act; prepare and negotiate web hosting, development, subscription, and web-based license agreements, and Internet user terms and privacy policies
  • Prepare and negotiate commercial manufacturing, supply, and procurement agreements
  • Counsel clients on consumer product warranties, owner manuals, and related materials for FTC compliance