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Arts & Entertainment
Protect, perform, publish: legal counsel for the creative world.
Whether protecting the interests of owners of fine art, negotiating on behalf of book authors or musicians, or assisting corporations, arts organizations, and political campaigns to incorporate music into live and online events, our attorneys apply decades of experience with arts and entertainment projects.
Our clients include individuals, corporations, organizations, estates, game developers, music, and augmented reality/virtual reality (AR/VR) platforms, and political campaigns seeking to commission, license, perform, publish, exhibit, distribute, share, or acquire creative works.
Additionally, artists, musicians, photographers, cartoonists, authors, and playwrights rely on us for all aspects of protecting, exploiting, and enforcing rights in their work, as well as drafting and negotiating entertainment-related contracts.
From safeguarding celebrity authors’ book deals and playwrights’ royalty legacies to negotiating agreements for the auction of fine art or nonfungible token (NFT)-licensed artwork, our attorneys’ diverse experience—across creative domains and commercial dynamics—informs and strengthens the solutions we deliver. An in-depth foundation in strategic intellectual property rights protections is just the start of our multidisciplinary counsel.
联系方式
We manage the unique convergence of legal, business, and creative concerns in these fields:
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Art
Perkins Coie’s attorneys serve as art collection counsel for corporations and represent individual art collectors in the purchase and sale of art, both through auction houses and privately, as well as with the commissioning of new original works, and with loans and gifts to museums and other institutions. We also help collectors with the development of collections management policies, including acquisition strategies, deaccession protocols, and copyright licensing programs. We work with brick-and-mortar and online art galleries to assist them in working with artists and offering artwork for sale.
We also assist artists, illustrators, and cartoonists, with publication, distribution and merchandising of their work as well as advise them on fair use issues and infringement matters. Our experience includes helping museums with complex copyright clearance projects and advised 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 and Licensing
Our music experience is expansive and music licensing and rights clearance are a major focus. 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 nonfungible tokens (NFTs) and digital distribution, our music counsel is broad and innovative.
Events and Performance
Familiar with the concerns of performers and organizations that mount live productions, our attorneys assist clients with a wide range of events, from concerts and fundraisers to political conventions and corporate events. Our assistance 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 wide variety of arts organizations—from small, local music and theater groups to large production companies. We represent dance troupes, a ballet company, music organizations, and theatre companies, negotiating choreography agreements, composer agreements, artistic commission agreements, and other protections. Our attorneys extend their commitment to the arts through positions on board of directors of performance arts groups, including the Pacific Northwest Ballet, the Seattle Rep, Seattle Children’s Theater, and Seattle Shakespeare Company.
Celebrity Appearances and 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 expand and enhance their brands by expanding into new markets and product lines. We also counsel our clients on how to best protect and license their publicity rights today and for their future heirs. We also help our clients address the complicated regulatory framework facing influencer marketing.
Photography
Within the field of photography, we represent photographers and consumers alike in licensing agreements, sale negotiations, and copyright and contract negotiation and disputes. Our experience extends from negotiations concerning the sale and gifting of photographic collections with auction houses, galleries, and museums to advising owners of stock images and stock image platforms in their licensing and sale endeavors. We also provide guidance to advertisers and companies regarding the use of photography in marketing and product images.
Film, TV and 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 a wide 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. 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, and Creative Properties
The use of NFTs and other blockchain technology has seen a sudden and meteoric rise in the arts and entertainment industries, and members of our Arts & Entertainment practice, along with attorneys in our FinTech group, have been at the forefront of assisting clients in addressing the myriad legal issues associated with such technology. Whether assisting with the minting, sale, or purchase of NFTs or 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.
公司发展
代理经验
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.