WORDS FROM THE WISE
The Atlanta Lawyer Editorial Board asked the following questions to Atlanta Bar members and entertainment lawyers Alan S . Clarke , The Entertainment Law Group , Peter Duitsman , Vice President and Assistant General Counsel of Turner Broadcasting System , Inc , and Sonia Lakhany , Trademark Attorney for Lakhany Law , PC .
1 . What does entertainment law mean to you ?
Alan Clarke : Entertainment attorneys are the bridge between the creative side and the business side of the entertainment industry . Each side tends to speak its own language , with its own terms of art , and we as entertainment attorneys are the translators . Entertainment law is one of the very few practice areas that is defined by the client . Entertainment lawyers engage in diverse fields of practice such as divorce and family law , real estate , bankruptcy , and tax work , but they hold themselves out as entertainment lawyers because of who their clients are . There are some entertainment attorneys who specialize in criminal defense , but they have high profile clients . In my practice , I engage in these basic areas : transactional ( contracts ) work , soft I . P . ( trademarks and copyrights ), litigation and business law ( setting up , maintaining and advising corporations and LLC ’ s ).
Peter Duitsman : Entertainment Law is a cross-disciplinary practice , which applies various areas of the law , including contracts , torts ( including rights of privacy and publicity and other personal rights ), intellectual property ( including copyright and trademark ), First Amendment law and agency law , to matters in the entertainment industry . In addition , with evolving technologies and expanding distribution platforms , practicing entertainment law often involves helping clients to understand and leverage new technologies to produce , distribute , market and monetize media assets .
Sonia Lakhany : I have always thought of entertainment law as transactional law , but for celebrities , musicians , athletes , and artists . So the actual law does not change , but is tailored toward a different demographic .
2 . How did you first get into the field of entertainment law ?
Alan Clarke : I always joke and say that I was a prosecutor and that led naturally to entertainment law , although I really was a prosecutor for a few years . I have always had a love of the arts and the creative process , and realized that I could combine my experience and training in the law with what I enjoyed . I met with entertainment attorneys in Nashville and New York , and one of them gave me sage advice . He said that in those cities , entertainment lawyers were “ a dime a dozen ” and if I stayed in Atlanta I would be unique , with less competition and more potential for clients . I am glad I took that advice , as now Atlanta has so many who call themselves entertainment attorneys – whether they truly make a living at it , have experience in it , or not .
Peter Duitsman : After graduating from law school , I joined Troutman Sanders ’ Litigation Team , where I had the opportunity to work with a great team of attorneys handling a wide variety of matters , including litigation involving products liability , consumer finance , real estate and sports and entertainment related matters . While I liked the variety of work and learning about different industries , the work I enjoyed the most was sports and entertainment related . The first sports and entertainment related case that I worked on involved a contract dispute with a minor league baseball player and , as a huge sports fan , I could not have been more excited . While at Troutman Sanders , I also was able to help handle litigation involving sponsorships and production , licensing and distribution related agreements , as well as disputes involving professional wrestlers and other athletes . Eventually , I was fortunate to get the opportunity to join Turner , where I have been able to focus on entertainment related matters , working with a talented team of attorneys and some incredibly creative clients .
Sonia Lakhany : I practice trademark law , which comes up often with entertainment clients . When someone comes up with a catchy moniker or name , it ' s best practice to ensure it ' s available to use and to protect it through a trademark registration .
The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 19