Entertainment and Media

The collective litigation, First Amendment/media and intellectual property insight of Sonnenschein attorneys delivers comprehensive expertise to individuals as well as companies engaged in a range of entertainment and media activities. From defending against claims in copyright and trademark litigation, to protecting the right to publish and distribute content on the Internet and cable TV, to prosecuting trademark applications, we are proud of our extensive history of serving a wide variety of players in the media and entertainment fields.

Our clients know they can count on us to quickly understand the issues at hand and develop successful courtroom and negotiation strategies. We have been called on by some of the most recognizable names in music, film, publishing and art to protect their interests. Our diverse clients include: The Beatles, Elton John, Jay-Z, BMG Music, Warner-Chappell Music, Steven Spielberg, The Walt Disney Company, John Grisham, Globe Communications and the Tribune Company media companies.

In addition to the litigation successes detailed below, we are actively engaged in a variety of intellectual property and commercial matters, such as negotiations of authors' agreements, trademark and copyright licensing and review of advertising and promotion campaigns. Our attorneys are frequently asked to speak about entertainment and media law issues, and have authored articles on topics ranging from music plagiarism to Internet commerce.

Litigation and Representation

Music
Attorneys in our New York office have for decades represented a roster of recording and publishing companies as well as popular recording artists in a broad range of disputes. In the last few years we have:

• Represented The Beatles in trademark and copyright infringement suits, securing injunctive and financial relief in a range of matters.
• Defeated a preliminary injunction sought against Jay-Z, his record label and others by a background vocalist in an action alleging copyright infringement.
• Represented Metro-Goldwyn-Mayer Inc. in a number of litigation matters, including disputes regarding rights in master recordings and synchronization rights.
• Successfully represented BMG Music in a variety of matters including litigations concerning ownership rights to Sam Cooke master recordings and claims of copyright infringement.
• Successfully defended Elton John, Tim Rice and The Walt Disney Company against claims of copyright infringement in connection with their song "Can You Feel the Love Tonight?" from The Lion King.
• Secured summary judgment for Elton John, Tim Rice and The Walt Disney Company in a copyright infringement case concerning "Written in the Stars" from the Broadway musical Aida.
• Obtained a jury verdict in favor of client Andrew Lloyd Weber in a multimillion dollar copyright infringement trial involving the title song from The Phantom of the Opera.
• Secured the dismissal of claims seeking rights to master recordings of Jimi Hendrix.
• Obtained a summary judgment for David Bowie in a commercial tort action brought by his former record label.
• Won a verdict in favor of Debbie Harry and co-founding members of Blondie affirming their right to use the trademark "Blondie."
• Obtained summary judgment in favor of Riva Music Publishing in a case brought by John Mellencamp to enforce alleged agreement reassigning copyrights.

Film and Television
We have had the pleasure of representing several actors, producers and directors in connection with disputes over their films or commercial arrangements. Among our victories are:

• Represented actor/comedian Eddie Murphy in a multimillion dollar action brought by a former booking agent seeking commissions derived from Mr. Murphy's various entertainment efforts.
• Obtained a dismissal of all claims against the producers of "When We Were Kings," a film portraying the life and boxing career of Muhammad Ali.
• Served as co-counsel for and secured a jury verdict in favor of Michael Crichton, Steven Spielberg, Amblin' Entertainment, Universal Studios, Inc. and others in a copyright infringement action brought by a screenwriter alleging that defendants' movie "Twister" infringed his original work.
• Represented the Estate of Ed Sullivan in its sale of rights to "The Ed Sullivan Television Show" to Sofa Entertainment.

Book and Magazine Publishing
We are also privileged to represent many well-known authors. Our clients have included lawyer-author John Grisham, E.L. Doctorow and Robert Strassler, as well as publishing houses and distributors engaged in a variety of ventures and disputes. Our assistance has included:

• Successfully representing John Grisham, the prolific author of several legal thrillers, in a contract dispute with a former agent.
• Negotiating author agreements or licensing agreements on behalf of authors of fiction and non-fiction works, including E.L. Doctorow, Robert Strassler (acclaimed editor of the Landmark Thucydides) and lifestyle maven Georgette Mosbacher.
• Defending Globe Communications in State of Florida v. Globe Communications Corp., where we won both a dismissal of criminal charges brought against our client The Globe and a declaration that a Florida statute was unconstitutional as applied to coverage of the William Kennedy Smith trial.
• Winning a summary judgment motion dismissing all trademark and copyright claims made against our client Parachute Press (the creator of the Goosebumps children's books) in connection with its licensing and promotion of Goosebumps-related merchandise and characters.
• Successfully defended a newsletter, Washington Distribution Pipeline, in a libel action involving allegations of drug counterfeiting.
• Successfully defended Seymour Hersh against a libel charge stemming from a reference in one of his books to the plaintiff as an "Indian-CIA source."
• Provided a successful defense for Alfred Knopf, Inc. and Nicholas Lemann in a defamation matter related to The Promised Land: The Great Black Migration and How It Changed America.
• Represented Faber & Faber with respect to a licensing dispute.
• Defended the American Booksellers Association in a copyright infringement case which resulted in a large verdict against the ABA's co-defendant and a minimal $100 assessment against our client.

Art
We have represented a number of artists (as well as their heirs and estates) and galleries in a panoply of matters.

• Represented Yoko Ono in a high-profile case in which she sued a former assistant to her and John Lennon, alleging ownership and infringement of copyrights and violations of confidentiality agreements. After trying the case to the jury, we reached an advantageous pre-verdict settlement. We had previously represented the Lennon estate in Leggoons Inc. v. Bag One Arts, in which a federal jury verdict resulted in the dismissal of commercial tort and contract claims relating to the licensing of John Lennon's artwork on clothing.
• Successfully defended an artist in an action brought by The Walt Disney Company to enjoin the artist's auction sale of animation cells.
• Successfully represented a gallery in a dispute concerning the sale of a Calder mobile declared inauthentic by the Calder Estate.
• Successfully represented the exclusive dealer of artist Al Hirschfeld in a contract dispute.
• Successfully represented licensor of rights in Babar Character in action against licensee seeking to protect artistic rights.
• Successfully defended the interests of a foundation established by the late Hollywood producer Hal B. Wallis in a $40 million collection of Impressionist art against a claim by Wildenstein & Co. gallery.
• Successfully represented the Estate of Louise Nevelson in an action against former attorneys concerning planning of the sculptor/printmaker's estate.

Representation of Media/Multimedia Companies
We frequently represent media and communications organizations in disputes raising significant questions of First Amendment law and the right to publish or access content in print and electronic vehicles. Our clients have included prominent publishing houses such as Alfred A. Knopf, Inc., Simon & Schuster, HarperCollins, Scholastic, Inc. and Henry Holt and Company, Playboy Enterprises, as well as publishers of smaller, more specialized vehicles such as Chicago and Bride's magazines, FDC Reports and offerings from the National Seminars Group.

Specifically, we have counseled media companies in connection with a range of intellectual property matters, including author agreements, product licensing agreements, intellectual property portfolio management and copyright and trademark matters. These complex matters require both an understanding of our clients' entertainment and media business strategies and an appreciation of the role played by non-profit and public advocacy groups focused on media issues. A few of our more notable clients and matters include:

• Represented publishers Henry Holt and Company, Random House, Simon & Schuster and HarperCollins in negotiations with various authors relating to the use and property rights of books.
• Representation of the Chicago Tribune Company and Tribune Media Services, Inc. in a variety of matters, including actions in state and federal courts alleging trademark infringement, libel and right to privacy claims brought by individuals with names identical to characters in the "Dick Tracy" comic strips published by our client.
• Represented Vivendi Universal Games Inc. and Blizzard Entertainment in an Eighth Circuit victory affirming copyright infringement and DMCA violations against software developers that created a program permitting remote, multi-player play of Blizzard games over the Internet.
• Successfully represented media and informational concerns in First Amendment challenges to Vermont and Ohio anti-pornography statutes that unduly circumscribe access to Internet sites.
• Defended Excite@Home in a trademark infringement action brought by cosmetics maker Estee Lauder, Inc. over the granting of exclusive rights triggering of third-party retailer's banner advertising on Excite's network.
• Represented MGM in a dispute with Disney concerning the right to use the MGM name in connection with theme parks.
• Represented academic publisher Reed Elsevier, which specializes in the science and medical, legal, education sectors, in various copyright matters.
• Represented the Big Ten Conference in obtaining a permanent injunction preventing a ticket broker from using the "Big Ten" name and trademark.
• Represented a professional sports union on collective bargaining issues as well as various players on contract issues stemming from use of their images in promotions.

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