Background

The first domino fell in late 2019 when Governor Newsom signed The Fair Pay to Play Act into law.[1]  This was the first statute allowing collegiate student-athletes to profit off their name, image, and likeness (NIL).  Specifically, the statute bars universities, athletic conferences and the NCAA from preventing student-athletes in California from profiting off their NIL.  Despite the NCAA’s vigorous opposition initially, close to 30 states have since enacted similar legislation or have otherwise legalized NIL deals in their own states.[2]  Moreover, last year’s unanimous Supreme Court ruling in NCAA v. Alston may not have reached the issue of NIL, but it did chip away at the NCAA’s ability to regulate student-athlete compensation.[3]  Sensing the inevitably of its waning grip over its NIL policies, the NCAA then committed to a dramatic policy shift within days of the Alston ruling by permitting all student-athletes to begin profiting off their NIL as of July 1, 2021.[4] Even if a state has not yet passed NIL legislation, the NCAA policy change applies nationwide and now brands can partner with student-athletes in every state.

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Continue Reading What Brands Can Expect from College Sports’ Ever Evolving NIL Landscape

With content distribution methods evolving rapidly, major players within the entertainment industry are looking to mergers and acquisitions (M&A) as a means to strengthen their position and maintain market share. Industry insiders predict a continued increase in M&A activity within the entertainment sector. In light of the likelihood that entertainment companies may be presented with an M&A opportunity, either as a buyer or as a seller, it would serve entertainment companies well to prepare for such an opportunity.
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Continue Reading Practical Considerations for Reviewing Entertainment Agreements in M&A Transactions

At least three different types of marketplaces facilitate the sale and/or resale of NFTs. These include open marketplaces, curated marketplaces and proprietary marketplaces. Other variations do exist, however, and it is likely that other alternatives will be developed. In the attached article, we examine some of the differences between these types of marketplaces and business models, highlight some of the varying license terms of these marketplaces and discuss why IP owners who license their IP for NFTs often are best served by developing their own licenses to be used in connection with sale of their NFTs.
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Continue Reading NFT License Breakdown: Exploring Different Marketplaces and Associated License Issues

There are a number of issues relating to distribution that arise in split rights deals for motion pictures. Whether it’s an acquisition, co-production or co-financing arrangement, one of the more important deal points is what kind of agreements a distributor should make vis-à-vis the sharing with or granting access to another party of picture materials. These can range from physical materials such as trailer materials and TV, airline or other versions of the picture, to marketing materials such as artwork, value-added materials and electronic press kits. If you’re a distributor and are contemplating sharing materials you’ve created (or those created on your behalf) with a counterparty, here are some key considerations when negotiating terms that will apply to this arrangement.
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Continue Reading Sharing Motion Picture Materials: Practical Considerations

Nollywood, as Nigeria’s movie industry is widely known, has grown in leaps and bounds since the acclaimed 1992 home video movie, “Living in Bondage”. In less than two decades, the average film production budget has increased by ten-fold to about US$250,000 to US$750,000 while straight to DVD release has given way to windowing across theatrical, TVOD, SVOD, and/or DVD.[1] Nigeria’s TV and video market revenue grew by 7.49% to reach US$732 million in 2018 and was projected to reach US$806 million by the end of 2020.[2] Widely known for comedy, drama, and romance (many times of average storyline and quality), Nollywood producers and directors have in recent times pushed the envelope with the few resources at their disposal. Genres have expanded into horror, period pieces, musicals, animations and “nolly-noir”. However, the industry is still struggling and filmmakers are unable to be bold and ambitious particularly due to budgetary constraints.

To state the obvious, Nollywood needs co-production treaties to move to the next level.

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Continue Reading Nollywood Needs Co-Production Treaties to Move to the Next Level

A newly inked strategic partnership between Sony Music Entertainment and Roblox is another indication of a maturing relationship amongst the music, gaming, and esports industries, a synergy that has evolved for years and in particular, during the COVID-19 pandemic. The major record label and game creation platform have enjoyed the mutual success of their recent collaborations and are now gearing up to allocate more resources to developing “innovative music experiences for the Roblox community that offer a range of new commercial opportunities for Sony Music artists to reach new audiences and generate new revenue streams around virtual entertainment.”
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Continue Reading Strategic Partnerships Advance Music and Gaming Synergy

Live entertainment venues, an economy nearly destroyed by the COVID-19 pandemic, are finally re-opening around the country and must consequently adapt to varying state restrictions for holding indoor events. Despite being able to reopen, many venues will remain closed until regulations and capacity maximums are relaxed, reasoning that such restrictions make reopening financially implausible.
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Continue Reading Safe in Sound: A Reopening Checklist for the Live Entertainment Industry

As the COVID-19 pandemic has ravaged the movie theater business in 2020 and into 2021, all Hollywood studios have had to adjust their theatrical release strategies via straight-to-VOD exhibition or concurrent theatrical and digital exhibition. According to one report[1], as the reopening of U.S. theaters at full capacity became more remote towards the end of last year, straight-to-VOD movie premieres increased over three times year-over-year in Q4 2020. While 126 films premiered in either SVOD or TVOD  in Q3 2019, 424 films premiered this way in Q4 2020. However, even with the arrival of a COVID-19 vaccine and the imminent return to “normal” towards the end of 2021, some experts believe that this trend will likely continue, and the pandemic had simply accelerated an inevitability[2].…
Continue Reading The Rise of Straight-To-VOD and the Fate of Box Office Bonuses

In February 2021, SAG-AFTRA’s National Board voted to approve a new Influencer Agreement.  But, the announcement included few details, leaving many Brands and so-called Influencers to wonder what’s the deal?

To date, SAG-AFTRA has not released the actual long form agreement covering Influencers, but it has posted an Influencer Agreement Fact Sheet online here.  The Fact Sheet makes clear that, for now, the Influencer Agreement is extremely narrow in reach.  Indeed, it all but places the entire onus of documentation, compliance, and pension and health contributions solely on the Influencer.  Therefore, the Influencer Agreement will allow Influencers to earn union eligibility and make their own contributions toward their own benefits.  Here are the key points for Brands and Influencers to be aware of:…
Continue Reading Brands And Influencers Need To Know About SAG-AFTRA’s New Influencer Agreement