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MEDIA | ENTERTAINMENT Waller’s media and entertainment practice goes beyond the typical Nashville representation of country music artists and labels to include companies and individuals in a wide range of entertainment and media sectors. Clients include traditional and new media clients including:
Advertisers and agencies
Internet service providers
Broadcast television networks and affiliate stations
Manufacturers and retailers
Cable television networks
Newspapers
Book publishers
Music publishers
Gaming providers
Individual artists (written, musical and visual arts)
On-air talent
Media-related clients retain our services for a variety of needs:
Licensing and commercial transactions
First Amendment access
Intellectual property litigation
Case review and counseling
State and local tax issues
Wealth management and estate planning
Lobbying and government relations
Contract negotiations
General dispute resolution, litigation, and corporate needs
Corporate acquisitions
Name, image, and likeness rights
Real estate transactions
Trademark protection
Harnessing our collective experience in multiple areas of business law, along with our multi-disciplinary approach, respect for privacy, and dedication to achieving success as defined by our clients, Waller attorneys are tenacious advocates and trusted advisors.
Legal Services ■ ■ ■ ■ ■ ■ ■
Corporate Government Relations Intellectual Property Labor & Employment Litigation & Dispute Resolution Real Estate Tax
Media | Entertainment
LITIGATION Waller represents music, film, publishing and television clients in contract matters and royalty and intellectual property disputes in federal and state courts throughout the country. We have successfully defended clients in numerous defamation and privacy suits, as well as in publicity, trademark and copyright claims. We provide "around-theclock" pre-broadcast and pre-publication review of print and broadcast materials raising potential defamation or privacy issues. We also offer counsel on access to court issues, open meetings, public records, and news-gathering techniques. Representative litigation matters include copyright, trademark and publicity infringement related to:
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Movie titles and content Infringement claims against songwriters and labels Documentaries and reality programs Breach of publishing and distribution agreements Musical compositions Sound recordings
TRANSACTIONAL Publishers, writers, directors, sports personalities, song performers, a state-wide writers association, healthcare companies, literary agents, and a start-up internet company focused on the book industry seek advice from Waller in a variety of matters involving publishing and licensing. Representative matters include:
■ Early termination of a relationship between an author and
publisher which included resolution of a royalty dispute, resolving certain matters related to intellectual property ownership of those works, and working with her New Yorkbased literary agent to prepare for a rights auction between several publicly traded publishing companies
■ Resolution of a dispute between publishers and a institutions of
higher education which involved allegations of infringement in a best-selling series of books using sports team logos and colors
■ Advising a variety of publicly traded companies regarding
potential disputes with performing rights societies related to the use of music at various corporate events and venues
■ Advising a publisher on intellectual property rights and antitrust considerations regarding distribution arrangements for intellectual property in the United States and Canada
■ Pre-publication review of a manuscript which involved potential international disparagement claims
■ Representation of an on-air personality and best-selling author in negotiations with New York publisher for domestic and international rights to upcoming books
■ Advising a publishing company about acquisitions in books, a
Media | Entertainment
popular website and speaking rights by a best-selling author and on-air personality
■ Advising a start-up publishing company regarding production of
works, creation of form agreements, and general advice related to disparagement claims, invasion of privacy, use of third-party trademarks, etc.
Additionally, a number of high-profile entertainers and performers in Music City depend on Waller for handling a variety of personal and professional transactional matters, which have included:
■ Acquisition of masters from a music label ■ Acquisition of airplanes and their use by related entertainment entities
■ Sale of a music catalog by a performing group ■ Structuring the creation of a music publishing company and
ongoing representation of another music publishing company
■ Estate planning involving songwriter copyrights, masters, etc. ■ Structuring the asset purchase of a recording studio ■ Merger of several S-corporations holding video and audio masters which involves unique aspects of state tax law
■ Financing for entertainers using real property as collateral ■ Multi-state corporate and LLC tax analysis on the manufacture and production of records where shipped from a manufacturer to a retailer for nationwide distribution (cutting out the labels entirely)
■ Licensing of master recordings, video and artwork associated with the CDs and DVDs
Articles ■ "Sixth Circuit Upholds Dismissal of All Claims Related to "Soul Men" Film and Soundtrack," by William F. Wilson and Laura P. Merritt, MLRC MediaLawLetter
■ INTA BULLETIN, "Music Application Hits Sour Note at TTAB" ■ CASINO ENTERPRISE MANAGEMENT MAGAZINE, "Enforcement of the FCPA Reaches Gaming Industry: The Las Vegas Sands Example"
Media Mentions ■ “In Vanderbilt rape records case, sides appeal to law, emotions,” Robb Harvey quoted in The Tennessean
■ “Tennessee to provide lawmaker health cost records,” Robb Harvey quoted in The Tennessean
■ “Media orgs: Blanket seal 'too broad',” Robb Harvey quoted by
Media | Entertainment
ESPN
■ “Vanderbilt rape case dispute in appeals court,” Robb S. Harvey quoted in The Tennessean
■ “The Tennessean Sues Metro Over Vanderbilt Rape Case,” Robb Harvey quoted in the Nashville Post
■ "Pricey Record Production Alarms Media Group," Robb Harvey quoted in Courthouse News Reports
■ "Agency asks Tennessee newspaper to pay $35,000 for records on deaths and near deaths," Robb Harvey quoted by Reporters Committee for the Freedom of the Press (RCFP)
■ Bob Boston, Robb Harvey, Chase Cole and George Bishop Named to NBJ's "Best of the Bar"
■ "State Ordered to Release Information on 50 Child Deaths," Robb Harvey pictured and quoted in The Tennessean
■ "TN Reduces Fee for Providing DCS Files to Media to $34,225," Robb Harvey quoted in Tennessean
■ “Judge Orders DCS to Provide Child Death Records,” Robb Harvey quoted in The Tennessean
■ “Suit Demands DCS Records on Children Who Died,” Robb Harvey quoted in The Tennessean
■ “Cigar Start-Up Fights Back Against National Group In Trademark Case,” Robb Harvey and Todd Hambidge mentioned in The Nashville Post
■ Robb Harvey in THE HOLLYWOOD REPORTER, "How the Weinsteins Beat 'Soul Man' Singer Sam Moore in an Important Lawsuit"
■ Robb Harvey quoted in TIMES FREE PRESS, "Judge rules Russian adoption case will be open to the public"
■ Robb Harvey quoted in CHICAGO TRIBUNE, "ACLU Challenges Illinois Eavesdropping Act"
■ Robb Harvey quoted in NASHVILLE BIZ JOURNAL, "Mouthing Off Online Can Bring Lawsuits"
■ Robb Harvey quoted by POYNTER ONLINE, "What to Do When Police Tell You to Stop Taking Photos, Video"
■ Robb Harvey quoted in REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS, "States Applying Wiretap Statutes to Personal Videos"
■ Robb Harvey interviewed in POYNTER (poynter.org), "Assessing Legal Risks and Guidelines for User Comments"
Events ■ “False Advertising: Understanding the Legal Issues in 2016,” Kevin Brown, Presenter, The Knowledge Group - Live Webcast
■ “Legal Issues for Photographers,” Kevin Brown, Presenter, Association of Texas Photography Instructors 2016 Winter
Media | Entertainment
Conference
■ "Top Questions We Get at VLPA, Part 2: Copyright and Fair Use," Heather Hubbard, Co-Presenter, Nashville's Art Crawl CLE Program
■ "Mitigating the Risk of Health Care Data Breaches: A Practical Guide for the Industry," Robb Harvey, Panelist for Live Webcast for The Knowledge Group
■ "Update on Public Records Ruling Involving News Media's Lawsuit against the Department of Children's Services," Lauran Sturm presents to the Associated Press-Tennessee Press Association
Press Releases ■ 35 Waller Attorneys Recognized in Chambers USA ■ Waller Goes on Board as Legal Sponsor for Newly Formed Tennessee Center for Family Business
■ 32 Waller Attorneys Recognized in Chambers USA; Healthcare Practice Earns National Recognition
■ 28 Waller Attorneys Recognized in Chambers USA ■ 32 Waller Attorneys Recognized in Chambers USA ■ Twenty-Four Waller Lansden Attorneys Recognized as "Leaders in the Field" by Chambers USA
