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    David L. Patrón

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    Mary Ellen Roy

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    Media, Sports and Entertainment

    The media, sports, and entertainment industries share unique legal needs due to their high public visibility, constitutional rights, intellectual property concerns, and complex contractual relationships. We are experienced in providing our clients with strategic guidance and comprehensive legal protection in these dynamic fields.

    The media, sports, and entertainment sectors are high-profile and rapidly evolving. Businesses and individuals in these domains require legal representation that not only stays abreast of current trends but also understands the challenging landscape. At Phelps, our team of lawyers, comprised of former athletes, journalists, and producers, brings the experience, insight, and skills needed to assist our clients navigate the sophisticated matters they face. We advise and counsel on everything from capitalizing on market shifts in Name, Image, and Likeness (NIL) rights and revenue sharing to litigating intellectual property matters, protecting First Amendment rights, and securing media access. Our deep understanding of media, sports and entertainment makes us well-positioned to support our clients' success.

    Our clients compete in all parts of the media, sports and entertainment sectors, including:

      • Professional sports organizations and conferences
      • Professional athletes, college student-athletes, and their representatives
      • Motion picture studios, steaming services, and film production companies
      • Artists, writers, entertainers, creators, publishers, and record labels
      • Online media platforms, social media businesses, and internet service providers
      • Television and radio stations
      • Broadcast and cable television networks
      • Newspaper, magazine, and book publishers
      • Advertising and marketing agencies
      • Insurers providing media and advertising liability defense

    Our lawyers have in-depth experience in First Amendment issues, copyright and trademark law, sports disputes and entertainment litigation.

    Services

    We have helped media, sports, and entertainment clients by:

      • Defending against defamation, invasion of privacy, and related tort claims
      • Litigating copyright infringement and ownership suits
      • Handling right of publicity, misappropriation of likeness, and false endorsement claims
      • Protecting trademark rights, obtaining federal and state registrations, and navigating cancellation proceedings
      • Advising student-athletes on Name, Image and Likeness (NIL) opportunities
      • Negotiating business contracts for professional and student-athletes
      • Securing media access to public records, sealed courtrooms, and closed meetings
      • Conducting pre-publication and pre-broadcast content and clearance reviews
      • Drafting employment and non-disclosure agreements and talent releases
      • Negotiating leases, handling property acquisitions and advising on location agreements
      • Providing sexual harassment and other employment training

    Experience

    Copyright Claim Defense

    Secured and defended early dismissal of copyright infringement claims against best-selling musicians brought by an artist claiming his work influenced one of the group’s songs.
    Talk show set photograph

    First Amendment Protections

    Upheld protections for well-known sports television personality, affirming dismissal on appeal in high-profile defamation suit involving sports talk show host’s comments regarding retired NFL Hall of Fame quarterback.

    Insights

    • April 29, 2025

      Roster Limits Remain a Sticking Point to Settle Landmark NIL Case Against the NCAA…

    • April 28, 2025

      First Steps of Free Speech Litigation: Crucial First Amendment Questions Prompted by TikTok v. Garland…

    More +
    • April 14, 2025

      Behind the Paywall: When Catchy Headlines Risk Defamation Claims…

    • April 9, 2025

      Judge Raises Issues as $2.8B NIL Settlement Talks Move Forward…

    • March 28, 2025

      Phelps Louisiana Team Honored in Super Lawyers’ 2025 Lists …

    • March 19, 2025

      Employment Law Lessons from Recent Celebrity Cases…

    • March 4, 2025

      Can the Government Charge Citizens for Speaking with Elected Officials? A Challenge to Texas’ Lobbying Law Might Answer that Question…

    • February 7, 2025

      Grant J. Delpit's Community Day Event 2025…

    • January 30, 2025

      Fears that Trump’s Judicial Appointments Will Overturn New York Times v. Sullivan Unlikely to Be Realized…

    • January 23, 2025

      School Revenue Sharing for NIL Rights Raises Title IX Questions …

    • January 17, 2025

      Media Law: A Roundup of Major Decisions in 2024 …

    • January 14, 2025

      Mississippi Public Broadcasting’s In Legal Terms: NIL…

    • January 2, 2025

      U.S. Supreme Court to Clarify When Government Can Limit Access to Protected Speech…

    • December 3, 2024

      NCAA Permits Certain Junior and Pro Hockey Players to Maintain Their Eligibility…

    • November 13, 2024

      Law Practice CLE Presents The ELVIS Act Has Entered the Building…

    • November 6, 2024

      DOJ Media Guidelines Protect Journalists from Subpoenas and Search Warrants…

    • October 25, 2024

      Evolving NIL Rights: North Carolina's Student-Athletes Gain Ground…

    • October 22, 2024

      LSBA Presents What Trademarks Mean to College Sports…

    • October 9, 2024

      Will Ohtani's 50/50 Ball Be Split 50/50? Fla. Court to Decide Owner of $4.5M Disputed Catch …

    • October 8, 2024

      Preliminary Approval of House Settlement Closer to Remaking College Athletics…

    • October 3, 2024

      Phelps Gets Win for Free Speech Rights in High-Profile Defamation Suit…

    • September 23, 2024

      New Copyright Office Rules Protect News Websites Against Content Theft…

    • September 16, 2024

      Fox 8 Sports Show Features Michael B. Victorian's NIL Insights …

    • August 26, 2024

      Fifth Circuit Upholds Dismissal of Copyright Suit Against Renowned Music Artists…

    • August 15, 2024

      185 Phelps Lawyers Chosen for Best Lawyers in America, 20 Named "Lawyer of the Year," 26 Added to “Ones to Watch” List…

    • August 08, 2024

      Elvis Has Entered the Building: What the ELVIS Act Means for AI and the Right of Publicity…

    • August 5, 2024

      LIV Golf’s Trademark Triple Bogey Provides Lessons on Launching New Trademarks…

    • July 16, 2024

      Stay Tuned . . . FTC Ban on Noncompetes Could Alter Media Landscape…

    • July 16, 2024

      Louisiana Expands NIL Opportunities for Colleges and Student-Athletes…

    • June 26, 2024

      The ELVIS Act Protects Artists’ Voices but Creates Risks for Media Companies…

    • June 26, 2024

      PRAM Presents How Advertising Can Get Companies into Litigation and Public Relations Can Mitigate the Costs of that Litigation …

    • June 4, 2024

      What Florida High School Student-Athletes Should Know About FHSAA's NIL Bylaw…

    • May 24, 2024

      The Future of the NCAA is Settled But Not Fixed - House v. NCAA Raises Pressing Questions for Former and Current Student Athletes…

    • May 13, 2024

      Supreme Court Leaves Questions About Time Limits on Copyright Claims …

    • February 28, 2024

      Court Freezes NCAA’s NIL Ban for Prospective Student-Athletes …

    • February 2, 2024

      States Raise New Questions About NCAA Ban on NIL Deals for Prospective Student-Athletes …

    • February 1, 2024

      ABA 29th Annual Conference of the Forum on Communications Law…

    • December 19, 2023

      Super Lawyers Recognizes 44 Louisiana Phelps Lawyers in 2024 Honors …

    • December 8, 2023

      Can Alabama High School Student-Athletes Profit From Their Name, Image and Likeness? …

    • November 20, 2023

      Can International Student-Athletes Benefit from NIL Agreements?…

    • October 23, 2023

      Lawline Presents Music Copyright Infringement Claims…

    • May 26, 2023

      Implications for Florida’s NIL Law Extend to Multiple Stakeholders in the Sports World…

    • May 24, 2023

      How UCC Article 12 May Make NFTs More Valuable…

    • May 22, 2023

      What Companies Need to Know About NFT and IP Rights Regulations…

    • April 17, 2023

      How the Supreme Court’s Recent Procedural Decision May Impact False Advertising and Privacy Policy Enforcement…

    • March 7, 2023

      Florida’s Amended NIL Law: The Game Is Changing (Again)…

    • December 27, 2022

      Five Reasons for Universities and Colleges to Update Their NIL Policies…

    • December 19, 2022

      42 Phelps Lawyers Honored by 2023 Louisiana Super Lawyers and Rising Stars …

    • August 18, 2022

      Best Lawyers in America Selects 158 Phelps Lawyers, Names 10 "Lawyer of the Year," Adds 40 to "Ones to Watch" List…

    • August 17, 2022

      Student Athlete NIL Deal Do’s and Don’ts…

    • July 12, 2022

      Do I Owe Money to Ohio State Every Time I Use the Word “THE”?…

    • April 21, 2022

      This Form Can Protect Libraries and Library Employees from Copyright Claims…

    • April 4, 2022

      Three Pointers for College Athletes and Businesses to Keep NCAA Marketing Legal…

    • July 23, 2021

      10 Things You Need to Know About Biden’s EO on Promoting Competition…

    • July 16, 2021

      Does the Arthrex Ruling Answer This Question About the CASE Act’s Constitutionality?…

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