Entertainment, Fashion + Sports

Our clients include artists, galleries, museums, art advisors, and individual and institutional collectors, as well as foundations and other art-related enterprises.

Clients operating in the art and antiquities markets frequently confront complex disputes involving title, authenticity, valuation, and provenance. Our lawyers have successfully litigated and resolved a broad range of domestic and international art-related disputes. We also have significant experience handling civil and criminal Holocaust restitution matters involving museums and collectors, and representing clients in matters involving the seizure of cultural property.

We advise galleries and museums on day-to-day operations and long-term strategy.  Our work includes drafting and negotiating consignment and artist representation agreements, advising on employment matters, and negotiating leases and subleases for galleries—as well as advising on trademark and copyright protection, and marketing and branding issues.

We advise galleries and museums on day-to-day operations and long-term strategy.  Our work includes drafting and negotiating consignment and artist representation agreements, advising on employment matters, and negotiating leases and subleases for galleries—as well as advising on trademark and copyright protection, and marketing and branding issues.

Artists have long sought to publish books and digital content featuring their work. Our publishing team advises art-world clients on strategy, publishing agreements, pre-publication review, and relationships with agents, publishers, and online platforms.

We help clients extend and monetize their brands through strategic licensing programs that leverage valuable images and creative assets across media and commercial platforms.

We assist clients in clearing, protecting, and enforcing copyrights, trademarks, and other intellectual property rights critical to preserving artistic and commercial value.

Our corporate and tax teams help clients structure and negotiate loans and other financing arrangements secured by fine art and related assets.

For many clients, art constitutes a significant portion of their net worth. Our estate planning lawyers design customized wills and trusts that integrate art collections into comprehensive estate and tax planning strategies.

We advise clients on structuring tax-advantageous gifts of art to family members, charitable institutions, museums, and other recipients.

We advise a wide range of participants in the branded entertainment ecosystem, including advertising, media, and branded entertainment agencies, as well as act directly for the brands themselves, from global marquee names to niche hyper local brands as they set up their own content studios, across every sector from fashion to sports to healthcare. Because our practice also represents creative talent such as writers, directors, actors, producers, musicians, athletes, influencers and models, it gives us a balanced perspective on both commercial and creative priorities. When structuring and negotiating deals in this space, we help clients navigate the practical differences that often arise between the advertising and entertainment industries and help our clients balance risk and the creative experience.

We counsel clients on the development of new entertainment properties and on aligning brand marketing campaigns with existing content. This includes negotiating and drafting agreements for brands to integrate, finance or even directly produce scripted and unscripted episodic series, narrative and documentary feature film, podcasts, video games, public art installations and other creative content both for traditional distribution channels such as television and streaming as well as direct to consumer through owned, earned or paid distribution across content distribution channels. While these projects are often meant to organically integrate the brand, they sometimes are aimed at increasing awareness of an issue or amplifying interest in a brand-adjacent sector without any direct branding. We structure these arrangements to support our client’s goals and clear valuation metrics, allowing clients to assess return on investment in terms of both the financial upside as well as the overall effectiveness of brand integration strategies.

We advise on compliance with the legal and regulatory landscape including the FTC and other federal, state, and local advertising regulations, as well as copyright issues such as fair use raised by native advertising and other forms of integrated marketing.

For traditional entertainment clients, we assist in structuring the financing and distribution of creative projects through brand partnerships, negotiating and documenting the financing structures that support film, television, digital, and gaming projects. We facilitate co-branded advertising and cross-platform promotional arrangements that extend the value of creative properties across multiple marketing channels.

Throughout this work, we focus on protecting trademarks, publicity rights, and other intellectual property, while balancing commercial objectives with appropriate creative control and respect for the creative process. Our experience representing creative individuals informs our approach to safeguarding “living brands” and ensuring that branded entertainment agreements are both commercially effective and creatively sustainable.

We represent a broad range of clients including film and television actors, best-selling authors, fashion models, artists, comedians, musicians, designers, athletes, chefs, and other famous individuals and their estates. We also work with various entities (such as toy companies and videogame companies) and cultural institutions (such as museums and other charitable organizations) in exploiting their names, unique brands and valuable intellectual property rights.

For each new Celebrity Branding client, we draw together, as needed, a team of attorneys from our Entertainment, Trademark  & Brand Management, Interactive Entertainment, Corporate & Finance, Tax, Advertising & Marketing, and Technology & Digital Media practice groups to provide, among other things, the following services:

Our Celebrity Branding group works closely with the clients’ key executives, talent agents, managers, literary agents, and licensing and merchandising agents in establishing the overall business strategies.

We help our clients and their management teams implement brand extension strategies across all major entertainment platforms including film and television, theatre, publishing, videogames, podcasts and Web and mobile properties.

We help our clients and their management teams secure the best possible deals as spokespersons, for promotional tie-ins, and other endorsement opportunities.                                             

Celebrities often aspire to create and own their intellectual property rights. We advise out clients on establishing the optimal business entities for these brand-building ventures in order to achieve the most favorable tax structure and other client goals (including exit strategies).

We help clients and their management teams negotiate the best possible licensing and merchandising deals across countless markets, including apparel, housewares, toys, cosmetics, food, fashion accessories, and other goods and services.

We advise our clients on the best ways to secure and protect their intellectual property rights and handle trademark registrations in the U.S. and abroad.

We represent our clients to stop infringements of their trademarks and copyrights anywhere in the world, and initiate litigation when necessary. We also pursue third parties to protect our client’s reputations and rights, including rights of publicity and rights of privacy.

We help research and register our clients’ domain names and defend against cybersquatting, website attacks, data security breaches, privacy issues and other cyberspace vulnerabilities.

We review Internet content, film, video, television shows, screenplays, manuscripts, documentaries, books, advertisements and promotional videos, animated programs, live performances, and more for possible liability, rights clearances, defamation, fair use assessment, privacy, trespass and related claims — and we recommend edits that reduce or eliminate risk.

We help creators and distributors resolve copyright and fair use issues and clear or license material as necessary.  Our firm is considered one of the top firms in the country for fair use analysis and is one of the few firms accepted by all networks and insurance carriers for fair use analysis.

Our content review lawyers carefully review archival material to determine whether unlicensed materials qualify for the fair use defense under U.S. copyright law.  They work closely with insurance brokers and carriers to ensure coverage for fair use material and issue required letters to E&O carriers.

Our content review lawyers are experienced in pre-publication, pre-broadcast and “live” on-set content review in a wide variety of fields, including documentaries, reality television, film,  comedy, news programming and podcasts.

We reduce the risk of privacy and publicity right claims under common law, state statutes, and federal and international law.

We have extensive experience handling all claims including copyright, defamation, false-light, privacy, libel in fiction, claims arising from business and investigative reporting, and false advertising and association.

We help media companies and journalists respond to subpoenas, protective orders, privacy laws, and other obstacles to protecting sources and obtaining and distributing news and information.

We not only advise on the purchase of E&O policies, we assist in acquiring other types of insurance for entertainment projects, and our thorough reviews help clients and insurance brokers satisfy carrier clearance requirements.

We identify and help resolve Writers Guild of America, Screen Actors Guild, and Directors Guild of America disputes, and other labor issues.

We review trademark use and marketing messages for compliance with FTC and other regulatory body rules.

We represent actors, writers, directors, producers, television and podcast personalities, playwrights, composers, musicians, comedians, models, and athletes in disputes that affect careers, brands, and future opportunities—balancing aggressive advocacy with discretion and professionalism.

We litigate and arbitrate disputes involving talent services and executive agreements, producer attachments, development and financing arrangements, distribution deals, and licensing contracts—whether the goal is to enforce deal terms, defeat claims of an alleged agreement, or exit a relationship that no longer works.

We bring “Hollywood accounting” and contingent-compensation claims, prosecute audit rights, and work with forensic professionals to convert complex statements and reporting into clear liability and damages narratives.

We handle ownership and chain-of-title conflicts, licensing controversies, copyright and trademark disputes, trade secret claims, and disputes over derivative and ancillary rights.

We prosecute and defend disputes involving rights of publicity, false endorsement, and unfair competition, with a focus on safeguarding personal brand value.

We represent clients in employment matters arising from the entertainment workplace, including compensation disputes, termination-related claims, and we defend production companies in California Labor Code class and representative actions.

We represent established and up-and-coming models, fashion designers, photographers, stylists, hair stylists, and make-up artists. We also represent modeling and photographer agencies, luxury, fashion, and cosmetic brands, fashion show production companies, and high-level industry executives.

We work with fashion clients’ agents, managers, publicists, families, and other advisors to evaluate different opportunities and create long-term strategies, and clients often take advantage of our network of international contacts to advance lucrative projects.

Working with our Entertainment and Advertising Groups, we help our clients negotiate and structure spokesperson, promotional tie-in, and other endorsement opportunities for the use of their unique names, images, and likenesses.

We negotiate and structure licensing and merchandising opportunities in numerous markets, and many of our clients have successfully licensed their names, images, and designs for apparel, lingerie, accessories, housewares, and other product lines at major luxury and department stores.

We establish and protect publicity rights, trademarks, copyrights, and other intellectual property rights so that fashion clients may fully exploit their names, images, designs, and writings.

We advise luxury, fashion, and cosmetics companies on all aspects of marketing and advertising, including agency-client agreements, rights clearance, and compliance with federal, state, and local regulations.

We structure agreements to integrate fashion brands into films, television shows, books, and other creative properties.

We negotiate and draft competitive employment agreements for creative talent and executives, including bonus, equity, stock option, severance, and other compensation.

We help fashion clients establish corporations, limited liability companies, joint ventures, and other entities that serve their professional and personal goals.

We represent actors, writers, directors, producers, showrunners, television personalities, content creators, and other creative talent in the motion picture and television industries. We also represent independent studios, production companies, distributors, financiers, and other media companies, as well as authors, journalists, literary estates and other IP owners exploiting their rights across film, television and other forms of media.

We service the diverse needs of our creative talent by evaluating, strategizing, and negotiating all forms of talent agreements across film, television, and new media projects at every level — from major studio and premium streamer deals to independent projects. Working closely with clients’ other professional advisors, we provide transactional support, industry guidance, and strategic advice to help clients achieve their professional and creative goals.

On behalf of independent studios, production companies and individual creators, we negotiate and prepare all forms of development agreements, including shopping, attachment, collaboration, option/purchase, and writer agreements, and act as production counsel on documentary and unscripted film and television projects. We counsel both individual talent and company clients on Writers Guild of America, Screen Actors Guild, and Directors Guild of America-related issues and disputes.

We advise production companies and financiers across all stages of film and television financing and distribution. We counsel clients on private equity investments, debt transactions, tax credit financing, territorial pre-sales, and other complex financing structures, including cross-border transactions, and negotiate all related agreements. We handle all forms of sales and distribution deals, including acquisitions, negative pick-ups, international distribution agreements and sales agency agreements.

We advise on structure and documentation for private placements to raise financing for individual film and television projects, and slate financing deals for film producers and investors.

We help our clients navigate the regulatory environment when they seek crowdfunding for their projects or media companies using donation-based or other investment models.

We identify and develop tax-advantaged media financing opportunities worldwide, and have drafted implementing rules and regulations for government entities seeking to establish finance incentive programs.

We develop and protect copyright, trademark, publicity, and other intellectual property rights, and we review screenplays, scripts, and content for defamation, infringement, and other legal risks.

We help clients identify and exploit ancillary revenue opportunities in connection with their film and television projects, including international format sales, branded entertainment, sponsorships, commercial tie-ins, media appearances, mobile apps, video games, merchandising, and licensing.

We negotiate and draft recording, production, publishing, distribution, joint venture, collaboration, and artist services agreements, with a focus on clearly defining rights, exclusivity, scope, and revenue participation to minimize risk and avoid downstream disputes.

We advise on and negotiate synchronization, master use, and other music licenses for film, television, advertising, video games, branded content, and emerging media. We help clients design licensing strategies that maximize value while preserving long-term ownership and control.

We represent music clients in litigation involving the ownership and control of music compositions and sound recordings, infringement claims, royalty and accounting disputes, copyright termination matters, breach of recording, publishing, and licensing agreements, and conflicts arising out of live performances, sponsorships, and collaborations.

We analyze and advise music copyright holders, as well as songwriters, artists and their heirs, on matters involving copyright termination rights.  We prepare and file termination notices, respond to termination claims, and negotiate new deals following the successful exercise of termination rights.

We represent clients in transactions involving the purchase, sale, and administration of music compositions and sound recordings, including resolving chain-of-title issues.

We represent artists, promoters, producers, and venues in connection with tours, festivals, and one-off performances. Our work includes performance agreements, tour support arrangements, production contracts, and the allocation of financial and operational risk.

We structure and negotiate concert sponsorships, tour partnerships, and live-event brand integrations

We advise on artist-to-artist collaborations and artist-brand partnerships, including co-branding initiatives, capsule projects, endorsements, and limited-edition releases, with careful attention to IP ownership, approvals, moral rights, and long-term brand impact.

We counsel music clients on entity formation and business structuring and advise on debt and equity financings, catalog acquisitions, and rights-based lending.

We handle copyright and trademark clearance, registration, and enforcement and represent clients in disputes involving infringement, unauthorized use, and ownership conflicts.

We advise podcast producers on the best corporate form to use, and we help them negotiate the commercial agreements necessary to advance their projects.

We negotiate and structure acquisitions of podcasts.

We counsel production companies and brands in their employment negotiations with podcast creators and hosts — advising on salary, bonus, equity, stock option, profit sharing, severance, and other compensation packages — and we represent podcast creators and hosts seeking employment with those entities.

We advise podcast talent seeking to sell or license the intellectual property interests in their ventures.

We review scripted and unscripted podcasts for rights clearance issues, and potential defamation, privacy, trespass and related claims — and we recommend edits that reduce or eliminate risk.

We identify and exploit ancillary revenue opportunities for podcasts — such as sales to television and video production companies, brand integrations, sponsorships, commercial tie-ins, merchandising, and licensing.

We negotiate co-production deals for production companies and media companies seeking to co-create podcasts.

We negotiate agreements for brands to hire podcast talent, and we negotiate and structure appropriate brand integrations.

We advise on all state and federal advertising compliance issues; draft podcast platform terms of use and privacy policies; and help clients comply with relevant privacy and data security laws.

We represent best-selling authors, award-winning journalists and bloggers, and influential magazine, newspaper, online, and fiction and academic book publishers. We also work with literary agents, book packagers, editors, and other individual publishing executives.

We negotiate publishing agreements with all the major American book publishers and many foreign publishers.

We are actively advising publishing clients in eBook and multimedia ventures, helping evolve the new agreements and licenses that properly address ownership, payment, credits, approvals, subsidiary rights, and other critical matters.

We negotiate a wide range of ancillary rights agreements to lock in innovative revenue streams, including book-to-movie, book-to-video, book-to-audio, book-to-game, and other licensing and merchandising opportunities.

We review manuscripts for libel and other potential claims, and recommend edits that reduce or eliminate risk.

We offer strategic counseling to authors of fiction and nonfiction works on the best ways to exploit the rights they retain and control including exercising termination rights under US Copyright Law.

We defend libel and right of publicity claims, and have had great success disposing of these suits efficiently and economically; we also protect copyrights, trademarks, and other author-brand assets against infringement and unfair competition.

We identify opportunities for best-selling authors to enhance their brands, and help structure entrepreneurial joint ventures and other business arrangements.

We help clients navigate U.S. and international publishing laws — including advertising and marketing regulations.

We use our relationships and knowledge of business practices to negotiate advantageous executive employment agreements.

We negotiate and structure publishing M&A deals.

We advise both sponsors and sports properties on the structure and negotiation of sponsorship and endorsement arrangements (totaling more than $1 billion in value), and we help develop and clear the related marketing campaigns, including those for the Olympic Games, FIFA World Cup, and Super Bowl.  We regularly advise sports industry clients on sweepstakes, contests, giveaways, and other promotions, as well as cause marketing issues.

We advise sports brands and other intellectual property holders on worldwide brand development, creation of branding strategies, and licensing, protection, and enforcement of intellectual property.  We also develop and protect trademarks, publicity rights, and other intellectual property rights, manage worldwide trademark portfolios, and supervise client licensing and merchandising programs.

We help individual athletes (including NBA champions, FIFA World Cup winners, and Olympic medalists) with their off-the-field activities, such as endorsements (including shoe and apparel endorsements), investments in ancillary businesses, and charitable initiatives, and we negotiate and structure acting, producing, podcasting, broadcasting, public appearance, speaking engagement and other entertainment agreements. We have also assisted soccer players with transfer agreements.

We negotiate and implement media arrangements for both sports properties and media platforms, with respect to both traditional and new media distribution.  We assist investors reviewing media rights acquisitions.  We help clients structure content acquisition, distribution, development, production and other critical agreements.

We vet sports entertainment and commercial programming for producers, distributors, writers, agencies, and brands, and we recommend edits that help reduce the risk of infringement and other legal liability.

With our clear understanding of the sports industry from both a legal and commercial perspective, Frankfurt Kurnit’s deep experience in the media, entertainment, and advertising industries benefits sports properties and brands seeking to exploit entertainment, sponsorship, merchandising, and other ancillary revenue opportunities. We understand the sensibilities of celebrities and high-end talent, and we work collaboratively with other athlete representatives, such as wealth managers, agencies, and management companies. We are well-known in the industry – regularly speaking at leading sports and entertainment law conferences and quoted in leading publications, such as Sports Business Journal, The New York Times, The Washington Post, USA Today, and The Associated Press, on various sports law issues.  From college athlete NIL agreements to ambush marketing issues to direct-to-consumer content distribution to stadium naming rights, Frankfurt Kurnit is at the forefront of the sports marketing and media industry.

We have represented virtually every type of theatre industry client, including playwrights, book writers, composers, lyricists, directors, choreographers, estates, music publishers, performers, not-for-profit theatres, producers, co-producers, executive producers and financiers. And we work closely with a client’s other professional advisors on all matters.

We service the diverse needs of our creative talent, including evaluating, strategizing, and negotiating all forms of agreements, and counseling on industry practices.

We prepare and provide advice on financing agreements – including front money, development, enhancement and production agreements, all in accordance with state and federal securities laws.

We uncover and develop tax-advantaged theatre financing opportunities worldwide, and we have drafted implementing rules and regulations for government entities seeking to set up finance incentive programs. We helped draft the legislation offering the first U.S. tax-advantaged financing incentives in the live entertainment media.

We develop, protect and advise on licensing of copyright, trademark, and other intellectual property rights; we review manuscripts for defamation, infringement, and other risks.

We identify and exploit ancillary revenue opportunities, such as tours, sponsorships, commercial tie-ins, media appearances, merchandising, and subsidiary rights licensing.

We use our relationships and knowledge of industry customs to negotiate and structure employment contracts with competitive salary, bonus, and severance provisions.

We assist theatre figures with all areas of estate planning and philanthropy, and help them analyze and optimize their tax planning.