Media, Entertainment & Sports Law

For clients in the media, entertainment and sports industries, Gonzalez Saggio & Harlan has extensive experience handling a broad array of legal services covering entertainment law, new media and Internet law, technology law, sports law, intellectual property, corporate transactions, licensing, and litigation. On behalf of both major corporations and high-profile individuals, the firm’s lawyers are involved in a wide variety of sports, media and entertainment issues, including transactional matters in the entertainment industry - music publishing, recorded music, and licensing (master use, synchronization and performance); talent contracts (artists, producers and composers) and talent touring; merchandising; acquisitions (including due diligence reviews); and catalogue licensing (foreign and domestic). GSH attorneys have created forms and template agreements for sponsorship, co-branding and promotion agreements. We have drafted and negotiated media agreements, television and film production agreements, ad agency agreements, consulting agreements and web development licensing agreements. Our clients have included several major network companies, high-profile professional athletes, sports agents, sport agencies, talent management agencies, best-selling authors, media personalities, on-air television hosts, entertainers, recording artists, producers and directors.

We have served as counsel to various professional and collegiate sports associations and related players associations in a wide variety of matters involving breach of contract disputes, disciplinary or infraction issues, Title IX gender equity compliance, licensing and certification compliance, audits in sports franchise acquisitions, and the creation and protection of intellectual property.

Recognizing the critical component of intellectual property rights, the firm’s lawyers have a unique understanding of how to maximize, license and protect the brand value of players, artists, entities and other professionals in the sports, media and entertainment fields. The firm’s intellectual property group provides a full range of patent, trademark, copyright and trade secrets services, including registration, licensing, litigation, and other protective actions. We also aid in the protection of these assets through meticulous oversight and analysis of copyright “works for hire” provisions, name and likeness issues, rights of privacy and publicity, non-disclosure agreements, other confidentiality procedures, and if need be, litigation. Our attorneys also negotiate and prepare licenses to and from third parties to help our clients unlock the full value of these assets.

Our attorneys have experience in digital creation, use and exploitation of media, sports and entertainment content, including for mobile apps, interactive video games and streaming video, in sweepstakes and advertising, and through social media. We also advise and represent clients dealing with claims and lawsuits alleging defamation, copyright and privacy infringement for display of certain content on websites and other digital media as well as rights, immunities and defenses provided by various laws including the Communications Decency Act and the Digital Millennium Copyright Act.

Representative Experience

• Negotiated and drafted artist management agreement between J. Erving Group, LLC, artist management and music production company, and neo-soul musical group, Floetry.
• Represented numerous entertainment clients, such as Bille Woodruff, movie director; Mike Elliot, screenwriter and producer; and Terri Woods, best selling writer, by providing legal counsel regarding the protection of intellectual property rights in the areas of music, video, book publishing, production and distribution, and artist management.
• Defended national media corporation in age discrimination and FLSA wage and hour case, removed to U.S. District Court, Trenton Vicinage. Early fact development resulted in nuisance value settlement following day long settlement conference before United States magistrate judge.
• Served as lead counsel representing Audiotex Connection (and its founder/owner) in FTC v. Audiotex Connection, Inc., No. CV-97 0726 (E.D.N.Y. 1997), where the FTC pursued Audiotex for allegedly deceiving customers in violation of Section 5 of the FTC Act by allegedly failing to disclose material facts about the costs incurred with using website services, including negotiating with the FTC and other accused entities/contract parties and successfully concluding a consent decree agreeable to Audiotex without admitting liability while refunding consumers for a portion of charges totaling over $2 Million.
• Currently working on a digital download royalty case for three members of the group, Sister Sledge, in a federal court action in which plaintiffs’ counsel is seeking class certification. The case is in settlement talks, but is otherwise at the outset of litigation.
• Represented the owner of software marketed to record companies for keeping track of royalties and sales in a copyright infringement case in which the defendant was a record company. The case was settled before trial.
• Litigated federal court claims against the world’s largest software developer, a leading Fortune 100 Corporation, for BING search results and linked sites, including successfully invoking defenses provided by the Communications Decency Act (CDA).
• Multiple successful representations of clients in legal proceedings regarding domain name disputes, including international UDRP (Uniform Domain-Name Dispute-Resolution Policy) proceedings, including the representation of film companies in the entertainment industry.
• Provided advice and counsel in discovery motion regarding alleged digital advertising invasion of privacy/publicity rights claims.
• Negotiated and drafted various agreements for Versatile Entertainment, LLC, a clothing, music production, and artist management company, including the preparation of copyright and trademark registrations for Versatile Clothing, LLC’s introduction of new clothing line.
• Negotiated exclusive recording agreements between recording artists, HanSoul, Sha’Dasious, Journalist, and NewBorn with major record labels, Epic, RCA, Motown, Universal, and Sony Records.
• Negotiated synchronization license agreement for the use by Home Box Office (HBO) of a musical recording written, produced, and recorded by music artist, Zahmu.
• Represented client in the institution of lawsuit involving recording group Boyz II Men and record producer and recording artist, Michael Bivins, of New Edition and BellVivDevoe.
• Enforcement of right of publicity rights for Joe Frazer, national boxing celebrity, against celebrity travel agent for luxury cruise line.
• Negotiated promotional contract for a corporate client with former San Francisco 49er quarterback, Joe Montana.
• Revised contracts for major software company involving mobile apps and related technology.
• Experienced in entertainment and media licensing for photographers, musicians and artists, including the use of such licensing to resolve cease and desist letters and avoid litigation.
• Secured a strategic victory for entertainment studio theme park on four separate motions to compel discovery responses in a sexual harassment/wrongful termination case mainly attributed to a theme park attraction.
• Represented Fortune 1000 food and children’s entertainment company on a statewide basis for premises liability litigation. Most of the claims were brought on behalf of allegedly injured minors.
• Plaintiff, corporate barter and media services company, filed suit against our client, a subsidiary of a large media conglomerate, alleging tortious and malicious interference with contract, intentional, or malicious interference with prospective economic advantage, aiding abetting and civil conspiracy. We argued successfully that New York law applied to bar plaintiff’s claims on statute-of-limitations grounds. Plaintiff’s action was dismissed with prejudice by the U.S. District Court for the Southern District of New York. Case is currently on appeal before the Second Circuit.