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ENTERTAINMENT & NEW MEDIA |
Entertainment & New Media Attorneys:
- Philip Davis, Chair
- James F. Guerra, Chair
- Patricia V. Mayer, Chair
- Matthew S. Beasley
- Elizabeth P. Bruns
- Russell J. Frackman
- Harold Friedman
- Robin C. Gilden
- Hayward J. Kaiser
- Carol M. Kaplan
- William M. Kaplan
- Steven G. Krone
- Joan E. Lanigan
- Christine Lepera
- Paul V. LiCalsi
- Adam R. Mehr
- Jeffrey M. Movit
- Kimberly P. Nguyen
- Gregory O. Olaniran
- Hector Andres Pacheco
- Lucy Holmes Plovnick
- Joel M. Schoenfeld
- John A. Schulman
- Eric J. Schwartz
- Andrew C. Spitser
- Kim H. Swartz
Mitchell Silberberg & Knupp has one of the most highly regarded entertainment practices in the country and serves a global client base. At its core is the representation of clients in transactions involving the development, financing, production, home video and distribution of motion picture, television and interactive projects.
CORE SERVICES
Development/Production Agreements: The practice group brings to the table decades of business affairs experience enabling us to structure the complex arrangements required for producers to hire A-level talent. We negotiate rights agreements, including literary option and purchase agreements and life story rights agreements, and agreements for actors, writers, directors and producers.
Chain of Title Review: We are industry leaders in reviewing and analyzing complex chains of title. We commonly review issues relating to WGA Separation of Rights, after-invented media, possible section 203 and 304 copyright terminations and the effectiveness of certain grants.
Entertainment Finance: We handle entertainment banking transactions, including bank participation agreements, production lending agreements and inter-party agreements. The practice group has particular expertise in structuring financial arrangements among producers, equity investors, mezzanine financiers, distributors and senior lenders. We also negotiate completion bond agreements and our firm represents a major bond company.
Sales and Distribution Agreements: We bring to the table particular expertise in negotiating agreements between sales agents and producer/financiers; and agreements between producers and distributors. Having represented the major players in the area, we are well suited to advise on international royalty arrangements and financial waterfalls.
Advertising and Promotion: We represent studios, producers and famous brands in commercial tie-in, product placement and publicity arrangements, including contests and web-based promotions.
Publishing, Licensing and Merchandising: We pride ourselves on helping clients develop strategies to build or exploit brand value. We advise on trademark registration programs and negotiate licensing agreements and merchandising agreements. We also work with authors on book deals.
Theatre: We help producers create structured investment vehicles and negotiate deals between rights holders and producers/financiers.
Entrepreneurs: We specialize in representing investors and entrepreneurs who are looking to invest in the entertainment sector by analyzing business plans and structuring deals. We provide tax advice in corporate transactions including the establishment of film funds, corporate formation and securities offerings.
Representative Entertainment Matters 
Represented Apple Corps. Ltd. and negotiated with The Walt Disney Studios to develop a state-of-the-art “performance capture” remake of the 1968 psychedelic animated movie “Yellow Submarine.” In addition to negotiating rights for the film, conducted extensive and sophisticated negotiations involving a comprehensive array of additional ancillary rights, including theme park rights, stage play rights, music rights, television rights, interactive gaming rights, and merchandising rights, among other licensing arrangements.
Represented Take-Two Interactive Software, Inc. in complex, comprehensive and sophisticated negotiations in connection with its cutting-edge license to Universal Pictures of the motion picture and allied rights in the blockbuster video game "Bioshock®." In addition to the film, MS&K negotiated a variety of ancillary rights, including theme park rights, television rights and a host of merchandising rights, in a number of complex and nuanced agreements.
Representative Film and Television Finance Matters 
Structured $200 million per year investment in program funding for network to leverage the acquisition of programming with a total production value in excess of $1 billion.
Negotiated a joint venture to establish a new production/financing/distribution entity involving $150 million in funding.
Structured $200 million per year investment in program funding for network to leverage the acquisition of programming with a total production value in excess of $1 billion.
Represented bank in participation agreements for independent film slate.
On behalf of studio/investor, negotiated financing arrangement for a slate of more than 20 high budget films with an estimated value of $1.5 billion.
Negotiated joint venture to establish new production/financing/distribution entity involving $150 million in funding.
Representative Profit Participation in Motion Pictures and Television Matters 
Negotiated $5 million plus settlement of net profit claim against major studio.
Represented distributor in $3 million in audit claims from independent producer.
Successfully represented multiple insurers in motion picture disputes involving film financing transactions.
Representative Development Agreements Matters 
On behalf of studio, negotiated profit pooling arrangement for group of A-level players.
Structured and negotiated sale of remake rights for movies in excess of $2.5 million.
Negotiated one of the largest talent agreements in the motion picture industry.
On behalf of studios, negotiate first look deals with major producers and directors.
Representative Acquisition and Distribution Agreements Matters 
Implemented U.S. channel’s joint venture with U.K. channel, involving co-production of hundreds of hours of television programming and the launch of three newly branded channels.
Represent major international distribution company on acquisitions of films with budgets over $100 million.
Examples of recent financing and distribution agreements include: Mr. & Mrs. Smith, Thank You for Smoking, Hannibal Rising, and March of the Penguins.
Representative Commercial Tie-Ins and Product Placement Matters 
Negotiated agreement between Allied Domecq and Warner Bros. to tie in Kahlua with Catwoman.
Negotiated and structured international cross-promotional arrangements between soda brand and high-grossing feature film series.
Negotiated $10 million plus deal between manufacturer of home repair products and studio for use of character as spokesperson and symbol of brand.
Representative Theatre and Stage Matters 
Structured UK/US investment vehicle for producer of Broadway and London West End plays and reviewed offering memoranda.
Negotiated agreements between studio and theatre producers for long-running and internationally successful musicals.
Representative Business Planning and Strategy Matters 
Advised entrepreneurs on proposed investment of $50 million in start-up film company.
Drafted business plans for television network regarding new media distribution strategy.
Drafted Business Plan for European rights aggregation and television production company seeking investors for specialty production unit.
Representative Operations Matters 
Negotiated agreements with Oracle Corporation and other software companies for the development of innovative software, including fundraising software for PBS and its member stations, and fulfillment software for PBS Home Video and Learning Services.
Modernized and systemized methods of information retrieval regarding film rights in library.
Representative Corporate Services Matters 
Negotiated first round of financing for high definition TV channels.
On behalf of financier, structured and negotiated agreement forming new independent film finance company, engaging well known producer team and acquiring product.
Representative Anti-Piracy Matters 
Successful representation of 23 Recording Industry Association of America (RIAA) members in a copyright infringement action against a CD manufacturing plant, resulting in the largest copyright award in U.S. history of approximately $136 million in damages. This decision was upheld on appeal and protected from discharge in later bankruptcy proceedings. Atlantic Recording Corp. v. Media Group (C.D. Cal. 2003).
Developed, implemented and coordinated national litigation campaign on behalf of RIAA member companies against individual users of P2P file sharing systems.
Developed and are currently implementing an anti-piracy and intellectual property enforcement program for major video game publishers.
Obtained multi-million dollar judgment against online motion picture internet pirate.
Representative Copyright Matters 
Represented the Motion Picture Association of America (MPAA) members in DMCA and copyright litigation against software maker 321 Studios. Obtained summary judgment and an injunction against 321 Studios, blocking further distribution of the company’s infringing software, capable of cracking copy protection on DVDs.
Represented the MPAA in DMCA litigation filed by InternetMovies.com Inc. Set important case law precedent relating to the take-down provisions of the DMCA. Rossi v. Motion Picture Association of America Inc., (9th Cir. 2004).
Represent motion picture studio in copyright infringement claims over music composition and performance rights in a feature film.
On behalf of MPAA members, obtained permanent injunction prohibiting defendant company from falsely claiming distribution rights in Korea.
Represented producers of a Top 10 hit reality TV program in claims involving copyright infringement and idea submission.
Successfully defended at trial copyright infringement claims involving the motion pictures Twister and Sister Act.
Represented UMG Recordings, Inc., in litigation brought against Mazda and its advertising agency for the unauthorized use of plaintiff’s sound recording and musical composition in a television advertisement. Obtained a favorable settlement.
Defended MCA Records against accounting and copyright claims brought by the owner and licensor of country music recordings arising from dissolution of the parties’ 15-year licensing and distribution relationship.
Representative Trademark Matters 
Successfully represented Take2 Interactive and Rockstar Games in trademark litigation in U.S. District Court involving their best selling title, "Grand Theft Auto San Andreas." Obtained dismissal of case on First Amendment grounds.
Successfully represented MCA Records in trial court and on appeal, defending a claim of trademark infringement and unfair competition brought by Mattel, Inc., seeking to enjoin the hit recording Barbie Girl. Mattel, Inc. v. MCA Records (9th Cir. 2002).
On behalf of the producer of a major motion picture, successfully opposed the registration of several trademark applications. Also registered trademarks for the film and related merchandising.
Related Practice Areas
News
- MS&K Attorneys and Practice Groups Recognized by Chambers USA 2013 (May 2013)
MS&K's Labor & Employment and Entertainment & Media Litigation Practices were ranked among the best in California by Chambers USA 2013. In addition, Chambers recognized 11 Partners from MS&K's Los Angeles, New York, and Washington, D.C. offices among the top attorneys in the U.S., in their respective areas of practice.
- Russell Frackman Chosen Among The National Law Journal's "100 Most Influential Lawyers in America"
Russell Frackman, a Partner in MS&K's Entertainment & New Media, Intellectual Property & Technology and Litigation practice groups, has been selected as one of the "100 Most Influential Lawyers in America," by The National Law Journal.
- MS&K's Lucia Coyoca Selected Among the "Attorneys of the Year"
MS&K Entertainment Litigation Practice Chair Lucia Coyoca was selected as one of The Recorder's "Attorneys of the Year 2012," thanks in large part to her successful representation of movie producer David Bergstein in breach of fiduciary duty and professional negligence lawsuits brought against his former attorney Susan Tregub. Ms. Coyoca, along with MS&K associates Andrew Spitser and Christopher Elliott, procured a $50 million judgment against Tregub, including $500,000 in damages, following a four-week trial.
- » All Related News
MS&K Alerts
- Author, Analyzing the Duties Owed by an Artist's Executive Team (September 2012)
MS&K Intellectual Property partner Christine Lepera, assisted by associates Amanda Denton and Christina Djordevich, presents many of the disputes that arise between artists and their representatives in a September 10, 2012 New York Law Journal article, outlining the legal duties owed by particular representatives, how they may be breached, and what recent court rulings portend.
- » All Related MS&K Alerts
Publications
- Amendments to COPPA and Protecting Children's Privacy, Children's Technology Review (April 2013)
- » All Related Publications










