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Bell Nunnally & Martin LLP

Entertainment, Advertising and Media

Bringing together top legal talent to support the success of our entertainment, advertising and media clients, the firm represents a vast array of artists and producers, advertisers, publishers and digital media outlets. Our deep industry experience allows us to leverage our legal know-how to effectively protect original works, enable creative collaborations and navigate the rules of promotion.

The business issues arising from creative endeavors involving entertainment or emerging technology touch on many nuanced and highly technical legal areas — a combined set of skills and knowledge that only a few legal teams possess. Our attorneys provide industry-specific expertise in areas including copyrights, trademarks, licensing, specialty industry agreements, regulatory compliance, data privacy and promotions. We also support clients with traditional legal services in related matters such as employment agreements, business and corporate contracts, real estate and technology transactions.

We understand the environments in which our clients work and create, positioning us as sought-after advisers at the leading-edge of entertainment, advertising, and traditional and new media law. We counsel clients in a wide range of areas and genres in the arts, including music, film, television, radio, theatre, visual arts, literary publishing, amateur and professional athletics, and interactive media.

Art, Entertainment & Sports

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 matters concerning art and artifacts. With representation spanning from creation and exhibition to sale and post-sale disputes, we handle matters including:

  • 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
  • Intellectual property and licensing for merchandising and exhibition
  • Copyright and trademark protection, registration, rights enforcement and litigation

Film & TV

Bell Nunnally's attorneys handle the legal aspects of film and television production and distribution. We have experience serving as legal counsel to movie exhibition and distribution companies, independent film companies and production companies with respect to:

  • Development and production agreements
  • Option and acquisition agreements
  • Production entity formation
  • Engaging writers, directors and producers
  • Investment and financing agreements

In addition, we represent the legal, business and personal interests of film and television talent and entrepreneurs, including producers, performers, writers, directors, managers and others.

Literary Publishing

Bell Nunnally has significant experience in literary publishing. Our attorneys represent literary agents, publishers and authors whose books regularly appear on The New York Times Best Sellers list and are adapted into motion pictures and television shows. 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 have represented, among others, children's authors, novelists and nonfiction writers in negotiation and contractual matters.

Music

Bell Nunnally's music attorneys are among the most nationally and internationally well-respected in the region. 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 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.

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

Special Events & Merchandising

For clients including performers, producers, promoters and associated recording, broadcasting and merchandise companies, we handle negotiations and agreements for a variety of entertainment- and sports-related properties and special events and productions, such as:

  • Endorsement and sponsorship deals
  • Branded media and sponsor-funded productions
  • Merchandising licenses and agreements
  • Marketing campaigns
  • Fairs and festivals
  • Concerts
  • Sporting events
  • Charitable fundraising events
  • Other special events

Sports

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

  • Contract analysis, drafting and negotiation
  • Endorsements and sponsorship deals
  • Intellectual property licensing, including broadcast and merchandising rights
  • Contract disputes

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. Taking each client’s goals and industry rules into account, we provide advice to ensure our clients’ products and services comply with applicable regulations before being presented to the public. Our services include guidance, negotiation, documentation and dispute resolution in areas including:

  • Unfair competition
  • False advertising
  • Copyright and trademark prosecution and litigation
  • Comparative advertising
  • Prizes, giveaways, contests and sweepstakes
  • Labeling and claim substantiation
  • Regulatory matters, including compliance with Federal Trade Commission (FTC), Federal Communications Commission (FCC), industry-specific and other applicable rules and regulations
  • Telemarketing, email and fax marketing laws
  • Privacy and data protection
  • Advertising to children
  • Internet advertising
  • Political advertising
  • Agency and talent agreements and releases
  • Sponsorship and endorsement deals
  • Music licenses and other proprietary rights
  • Joint promotion agreements

Traditional and New Media

Traditional Media

Bell Nunnally attorneys possess deep experience representing media outlets, including newspapers, magazines and internet-based broadcasters, in areas ranging from business relationships and intellectual property protection to political advertising and requests to access government information under state sunshine laws. We have assisted clients with legal issues related to:

  • Advertising and political advertising
  • Reality shows and contests
  • Copyright and trademark fair use and infringement
  • Publishing contracts
  • Broadcasting contracts
  • On-air talent agreements
  • Federal Communications Commission (FCC) rules and regulation compliance
  • Obtaining access to meetings, judicial and other public records and proceedings under sunshine laws, including the Open Meetings Act, Open Records Act and the federal Freedom of Information Act

New Media, Internet & Technology

Our team focuses on the protection and commercialization of our clients’ technology, helping them to develop, purchase, sell and license a range of online and digital products and services, innovative software, mobile apps and games, and web-based platforms. 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. Our attorneys offer expertise in:

  • Technology, software and merchandise licensing
  • Commercial transactions
  • Internet law issues, including legislation governing privacy rights, Federal Trade Commission (FTC) enforcement of the Children’s Online Privacy Protection Act (COPPA), and the CAN-SPAM Act
  • Intellectual property rights to license, own, use and protect proprietary technology
  • Rights of publicity and privacy
  • Agreements governing the licensing, development, manufacture and sale of products containing proprietary technology, trademarks, celebrity likenesses, protected content and digital rights
  • Web hosting, development, subscription and web-based license (SaaS) agreements
  • User terms of service (TOS), terms of use (TOU) and data privacy policies for websites, mobile applications and digital platforms
  • Consumer product warranties, owner manuals and related materials for FTC compliance
  • Copyright and trademark fair use and infringement

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Practice Area Contact

  • Danica L. Mathes

    Danica L. Mathes

    Partner

    dmathes@bellnunnally.com
    214-740-1474
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