Sullivan
Microsoft has discontinued support for Internet Explorer. To access the Sullivan website, please install a modern browser like Microsoft Edge or Google Chrome.

Members of our Media & Entertainment Practice work with advertising agencies, advertising agency networks, direct marketers, media companies, publishers, television and cable networks, filmmakers, producers, individual talent and celebrities, technology companies and operators of digital content platforms, among others, on an array of media and entertainment matters.

We advise on all segments of the entertainment industry, including interactive and digital entertainment, mobile applications, feature films, documentaries, docu-dramas, television, music, publishing and sports. In particular, we advise our clients on strategies to monetize content on traditional and developing platforms.

Our practice covers areas as diverse as content development and content clearance, film clearance, regulatory compliance, consumer protection, intellectual property, celebrity endorsements, collective bargaining agreements, social media, e-commerce, promotions, sweepstakes, contests, product placement, licensing, defamation and invasion of privacy.

Representative Client Work

  • An Italian movie director in a matter involving clearance and use of a depiction of Marilyn Monroe owned by the Andy Warhol Foundation.
  • The Association of Volleyball Professionals (AVP) in negotiating a content distribution deal with ESPN. Under the deal, ESPN will stream and broadcast matches from the 2023 AVP Pro Series Beach Volleyball Tour on its various platforms including ESPN+.
  • A UK-based news organization in negotiating and drafting literary option agreements with film and television studios including Universal, Warner Bros. and CBS.
  • A global digital media and broadcasting company in clearance of news and documentary video content, including copyright fair use, trademark, publicity, privacy and First Amendment issues.
  • An heir to the publishing rights of a well-known children’s mystery book author in an ownership dispute concerning more than 30 literary works.
  • A New York- and Singapore-based creative agency in drafting and negotiating creative services agreements with major global brands.
  • A UK television production studio in connection with entry into U.S. market, including branding and merchandise strategy.
  • An advertising and white label content studio in pre-publication review of video content for brands including Google, IBM, Nike, Adidas, Geico and L’Oréal.
  • Vice Media in its acquisition of trademark rights and domain names and negotiation of manufacturing, sales, distribution and licensing agreements.
  • A creative agency in its production of a beer commercial featuring a fictional television character.
  • Media, entertainment and publishing clients including Vice Media, The Business of Fashion, Guardian News & Media, INC. Magazine, Two Daughters Entertainment and Bally’s Corporation in U.S. and worldwide trademark clearance, prosecution, enforcement and brand licensing matters.
  • Counsel entertainment and advertising companies with respect to SAG/AFTRA, WGA, DGA and IATSE collective bargaining agreements, including signatory relationships and the negotiation of waivers with the guilds and unions, where possible.
  • Negotiate interactive and multi-media agreements with SAG/AFTRA and WGA.
  • Assist with pre-publication review of content including advertising materials and music to determine whether use by a wide variety of content publishers including film and television producers falls within fair use guidelines as well as case law.
  • Advise entertainment and advertising clients on reality television, brand integration and the development and exhibition of content over the Internet and mobile devices.
  • Counsel advertisers and marketers on sponsored content and native advertising best practices, including compliance with FTC endorsement and disclosure guidelines, particularly with respect to influencer marketing and social media.
  • Advise on execution of sweepstakes and contests from official rules to prize fulfillment.
  • Counsel advertisers and other media clients on a variety of issues and transactions ranging from sponsorship agreements, media and celebrity placement agreements to matters related to branded entertainment.
  • Negotiate publishing, management and composer agreements, as well as venue agreements, digital content, distribution and license agreements.
  • Litigate claims of false advertising, deceptive or misleading trade practices as well as unfair competition, defamation, copyright, right of publicity and other intellectual property disputes.
Meta Hit With Class Action for Allegedly Using Pirated Books to Train AI Models
Michael Palmisciano was quoted in the article "Meta Hit With Class Action for Allegedly Using Pirated Books to Train AI Models," published by Law.com [sub. req.d] on October 2, 2024. The article discusses the class action lawsuit that Meta Platforms Inc. faces for allegedly using copyrighted books without consent to train its AI models, specifically the LLaMA series. The complaint, filed by author Christopher Farnsworth, claims Meta downloaded nearly 200,000 copyrighted works from a pirated collection, highlighting ongoing legal challenges Big Tech faces regarding copyright infringement and the use of large datasets in AI training. "I think the fair-use argument that's being made in the defense is hard to square with decades of case law on copyright fair use," said Michael. "That being said, I would assume at some point we will get a … Supreme Court ruling on what constitutes fair use in the AI context and whether this type of large dataset ingestion is transformative in a way that protects the providers."
Illinois Cases To Watch In 2024: Midyear Report
Michael Palmisciano was quoted in the article, "Illinois Cases To Watch In 2024: Midyear Report," which was published by Law360 [sub. req’d] on July 26, 2024. The article outlines key legal cases to watch in Illinois for the rest of 2024, focusing on public corruption, trade secret disputes and copyright issues.  With respect to sound recording, the Seventh Circuit has an opportunity to set precedent regarding proof standards for sound recording copyright claims, as it reviews hip-hop artist French Montana's victory over allegations he illegally sampled a California artist's song to make one of his own. “That includes having the court possibly weigh in regarding whether probative similarity is the appropriate test for considering sound recording copyright claims,” Mike said. He also noted that “the Seventh Circuit's review of French Montana’s case could set important precedent on proof standards for sound recording copyright claims.”