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