The legal challenges involving artists, songwriters, screenwriters, film studios, TV networks, producers and publishers (to name a few) are as plentiful and diverse as both the content that they create and the interests and agendas at the center of their disputes. These challenges only increase as the media used to create and exploit content expands.
With one of the most comprehensive, multidisciplinary, and vertically integrated media and entertainment practices in the country, Pryor Cashman has been at the forefront of transformative litigation in the entertainment industry for more than 50 years. We have achieved major victories in both state and federal trial courts, have won some of the most significant entertainment appeals of the past few decades, and have helped to shape intellectual property law as it evolves in the digital and streaming age, leading to top-tier recognition by Chambers and Partners and The Legal 500.
What We Do
Working closely with our M+E Transactions Practice, our award-winning litigation practice touches on all areas of entertainment, including motion pictures and television, music, sports, art, theater, fashion and literature. From intellectual property and contract disputes to complex commercial matters, we represent clients in virtually every type of entertainment dispute, including:
- Litigating claims in all areas of intellectual property law
- Litigating and resolving complex copyright infringement matters
- Protecting trademarks, copyrights and celebrity brands from infringement
- Litigating celebrity defamation claims
- Defending right of privacy and publicity claims
- Litigating and resolving contract claims of all types
Our clients include major and independent film studios, production companies, digital media companies, music publishers, distributors, record companies, industry associations, performers, producers, executives, authors, personal managers, talent agencies and every type of creative personnel.
Protecting Intellectual Property
We have asserted and defended copyright infringement and trademark actions for some of the world’s most notable media companies and entertainment personalities. We routinely represent the world’s largest music publishers and record companies as well as major recording artists and songwriters in music copyright infringement actions or other music-related disputes. For example, we obtained a multimillion-dollar judgment for willful copyright infringement of nearly 200 sound recordings and musical compositions performed by David Bowie, Iggy Pop and John Mellencamp, such as “Suffragette City” and “Jack and Diane.” In another litigation, we successfully defended Elton John and Bernie Taupin in a copyright infringement case concerning one of their hit songs. Our attorneys have been key players in seminal cases helping to define the legal boundaries between content owners, intellectual property and technology in the digital world.
Our firm also has a long history of defending intellectual property claims asserted against motion pictures and television properties. Some recent matters include victories for Sylvester Stallone, Lions Gate Films and Millennium Films on a copyright infringement claim against the action film “The Expendables,” and winning dismissal of unfair competition and trademark claims against the motion picture “50/50.”
In addition, our attorneys represent clients in actions involving patents, idea theft, trade dress, unfair competition, trademark dilution, fair use and digital piracy. We pursue cybersquatters, stopping their use of domain names that misappropriate our clients’ famous brands, and support clients embroiled in social media defamation cases.
Contract Disputes
Every entertainment industry project involves agreements governing personal services, management and agency engagements, distribution, royalties, employment, compensation, commissions and more. When once-amicable relationships break down, we have considerable success in resolving the highly significant conflicts that arise.
Representing artists, performers, athletes, directors, managers, talent agencies, studios, production companies and corporations, our litigators have a long, proven track record of success both in and out of court. In one notable high-profile representation, we resolved a multimillion-dollar contract dispute between a broadcasting company and our client, a famous radio “shock jock” who had signed with a satellite radio company. We have been involved in news-making litigation and arbitrations in the theater world, including successfully representing Tony Award-winning director Julie Taymor in her arbitration against the producers of the musical “Spider-Man: Turn Off The Dark” for her director and collaborator royalties.
Enforcing Rights and Minimizing Risks
Pryor Cashman represents production companies, studios and talent in resolving disputes over alleged breaches of fiduciary duties, finance agreements, profit participation, asset securitization and other transactions. We also frequently handle matters involving licensing and distribution of motion picture, television and digital rights, as well as the protection and monetization of intellectual property.
Additionally, our attorneys regularly devise proactive measures to mitigate risk, and identify potential rights issues by:
- Performing due diligence reviews of intellectual property catalogs
- Reviewing scripts and other creative material for clearance
- Evaluating litigation exposure and resolving potential problems before they arise
