Arts & Entertainment
Protecting and publishing: legal counsel for the creative world.
From fine art owners to musical artists and arts organizations to political campaigns, those involved in the world of arts and entertainment need experienced counsel to guide them through the industry’s legal challenges.
Perkins Coie’s diverse experience across creative domains informs and strengthens the solutions we deliver. An in-depth foundation in strategic intellectual property (IP) rights protections is just the start of our multidisciplinary counsel.
Our clients include individuals, corporations, organizations, estates, game developers, music business professionals, and augmented reality/virtual reality platforms, as well as entities seeking to commission, license, perform, publish, exhibit, distribute, share, or acquire creative works. Additionally, artists, musicians, photographers, cartoonists, authors, and playwrights rely on us to protect and enforce rights to their work and draft and negotiate entertainment-related contracts.
We manage the unique convergence of legal, business, and creative concerns in a diverse range of creative fields.
Art
Perkins Coie’s lawyers serve as art collection counsel for corporations, represent individual art collectors in the purchase and sale of art (both through auction houses and privately), assist with the commissioning of new original works, and counsel clients through the processes of loans and gifts to museums and other institutions. We work with collectors on the development of collections management policies, including acquisition strategies, deaccession protocols, and copyright licensing programs. We also help brick-and-mortar and online art galleries as they work with artists and sell artwork.
We provide guidance to artists, illustrators, and cartoonists on the publication, distribution, and merchandising of their work, as well as fair use issues and infringement matters. Our experience includes helping museums with complex copyright clearance projects and advising clients on public artists calls and the selection of artwork for public and government-owned spaces.
Publishing
Experienced with a full range of published materials and platforms, we counsel authors, playwrights, cartoonists, and book and magazine publishers on digital media rights, royalty terms, audit provisions, and copyright and contract negotiations and disputes. We draft and negotiate publishing agreements, literary option agreements, life story agreements, literary agency agreements, screenwriting agreements, ghostwriting agreements, and other critical contacts. Authors rely on our negotiation strengths to maximize their rights and returns related to book tours, merchandise, licensing, and other ventures.
Music Representation, Clearance & Licensing
We work with clients to efficiently and strategically license music properties and have cleared music rights for a wide range of uses, including video games, political campaigns, dance videos, museums, commercials, television, and movies. Additionally, we have assisted with the launch and ongoing operations of major digital music distribution platforms.
Our clients range from major corporations to small, cutting-edge startups to individual bands and musicians. Whether negotiating traditional music contracts, such as recording contracts, publishing agreements, and producer agreements, or helping clients navigate the new technology-centric aspects of the music business, such as NFTs and digital distribution, our music counsel is broad and innovative.
Events & Performance
Our lawyers assist clients with a wide range of events, from concerts and fundraisers to political conventions and corporate events. Our counsel includes obtaining music licenses and negotiating the agreements necessary to carry out such events, such as venue agreements, merchandising agreements, and performer agreements.
We represent a variety of arts organizations from small, local music and theater groups to large production companies. We represent dance troupes, dance companies, music organizations, and theatre companies, negotiating choreography agreements, composer agreements, artistic commission agreements, and other protections. Our lawyers extend their commitment to the arts through positions on the boards of directors of performance arts groups, including the Pacific Northwest Ballet, Seattle Rep, Seattle Children’s Theater, and Seattle Shakespeare Company.
Celebrity Appearances & Influencers
We represent brands and personalities in a range of talent-driven arrangements, including appearance, sponsorship, endorsement, merchandising, naming-rights, promotional partnership, and influencer marketing agreements. We help our clients enhance their brands by expanding into new markets and product lines and ensuring regulatory compliance. We also counsel them on how to best protect and license their publicity rights today and for their future heirs.
Photography
We represent photographers and consumers alike in licensing agreements, sale negotiations, and copyright and contract negotiations and disputes. Our experience includes negotiations concerning the sale and gifting of photographic collections with auction houses, galleries, and museums; advising owners of stock images and stock image platforms in their licensing and sale endeavors; and providing guidance to advertisers and companies regarding the use of photography in marketing and product images.
Film, TV & Video Production
From documentaries, corporate videos, and film and television productions to the licensing of literary properties and the comprehensive management of rights and clearances, we have experience with the unique issues that arise in the production, distribution, licensing, and other exploitation of entertainment properties across an array of platforms.
Podcasts
We represent podcast platforms, hosts, creators, and distributors, guiding our clients through the key business and legal issues that arise when bringing podcast content to market. Our services range from talent agreements and releases to rights clearance, production, and distribution. We apply our in-depth legal skills and industry knowledge to support our clients as they create, host, distribute, market, and license podcast content.
NFTs, Blockchain & Creative Properties
Members of our Arts & Entertainment practice, along with lawyers in our Fintech team, address the myriad legal issues associated with NFT technology. Whether assisting with the minting, sale, or purchase of NFTs; setting up an NFT marketplace; or advising clients who are using blockchain technology as a means of authentication to track ownership, use, licensing, or sale of their work, clients rely on Perkins Coie to help them navigate the novel legal issues surrounding these technologies.
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Representative Arts & Entertainment Experience
Art Book Publishing Agreement
Negotiated book publishing agreement between art museum and book publisher on behalf of well-known glass artist for publication of exhibit catalog associated with art glass museum installation.
Artwork Consignment and Sale for Collector
Prepared purchase and sale agreement and gallery consignment agreement for the consignment and sale by art collector of artwork and decorative objects by well-known artists and craftsmen.
Artwork Loan Agreement for Museum
Prepared artwork loan agreement for a Chicago museum for long-term use and display of a large collection of paintings and other objects.
Bach, et al. v. Forever Living Products U.S., Inc., et al.
U.S. District Court for the Western District of Washington
Defended litigation alleging copyright and trademark infringement of rights in the novel "Jonathan Livingston Seagull."
Book and Magazine Publishing Agreements
Negotiated publishing agreements on behalf of book and magazine publisher for publication of book and related articles comprised of excerpts, maps, illustrations and photographs from online travel blog.
Book Publishing Agreements - Renegotiated Digital Media Rights and Royalty Terms for Well-Known Text Book Author
Successfully renegotiated multiple publishing agreements with a major book publisher on behalf of a well-known graduate school text book author to clarify and renegotiate the publisher's digital media rights, bundling rights, and royalty obligations. Assisted the author and his co-authors in protracted negotiations related to a multi-year royalty audit.
Captaris Inc. v. Xpedite Systems Inc.
U.S. District Court for the Western District of Washington
Represented Captaris, Inc. in action alleging breach of contract relating to performance under software services and license agreement.
Chihuly Inc. v. Rubino, et al.
U.S. District Court for the Western District of Washington
Represented plaintiff Chihuly Inc. and Dale Chihuly in copyright, trademark, trade dress, unfair competition and copyright ownership. Case settled.
Complex Copyright Clearance for Music Museum
Conducted complex copyright clearance for the opening of a nationally acclaimed Seattle-area music museum. Assisted the museum in clearing and registering its trademarks.
Domain Name Dispute for Television Station
Assisted a local network television station in negotiating the resolution of a sports-related domain name dispute with a major university.
Experience Hendrix v. Trans World Entertainment Corp.
U.S. District Court for the Western District of Washington
Defense of copyright infringement claims.
Film Production Agreements
Prepared agreements and releases on behalf of film producer for use in the production of a documentary film about the history of paralympic sports and the Paralympic Games.
Lemon v. The Artist Formerly Known as Prince
Claim for copyright infringement against Prince for unauthorized copying, recording, and performing of our client's copyrighted song. Prince's composition was "I Hate U" released on "The Gold Experience" album in 1994.
McCormmach v. Schubert
Trust and estate litigation involving allocation of recording royalties in music industry.
Music Industry Consortium
Represented music industry consortium in test of system for digital distribution of music.
Northland Communications Corporation, et al. v. MTV Networks
U.S. District Court for the Western District of Washington
Represented cable operator prosecuting contract claims and defending copyright infringement and Cable Act counterclaims.
Personal Story Agreements
Prepared and negotiated literary agent, ghost-writer, literary option, screenplay collaboration, and film production agreements on behalf of family member of victim of infamous crime story.
Publishing and IP Counsel to Well-Known Cartoonist
Represent well-known cartoonist in connection with book publishing, film rights and music rights counseling and agreements.
Reality Television Show
Negotiated television production agreement, personal appearance agreement and releases for episode of reality-based television series.
Roberts v. Musicians Institute Inc.
Represented founder of Musician’s Institute in royalty dispute. Prevailed and recovered damages following two-week arbitration.
Screenlife v. Hanson
State Superior Court of Washington
Represented Screenlife in action for trade secret misappropriation and unfair competition.
Strategic Relationships - New Media Production and Distribution Entity
Represented, as joint venture counsel, a major motion picture studio and telecommunications company in its negotiations for formation of new media production and distribution entity.
Talent Agreement and Trademark Licenses for National Advertising Campaign
Negotiated the talent agreements and trademark licenses related to a multi-year, national advertising campaign for a major financial institution.
Website Terms of Use for Online Publisher
Prepared website Terms of Use for online publisher of articles and other materials related to community-based political and social issues. Assisted in developing user-generated content posting, usage and take-down policies.