Digital Media, Content & Marketing
Brand owners have more vehicles than ever to help drive awareness, demand and loyalty. From traditional media to ever evolving digital platforms, brand owners must balance engaging their target audiences with protecting their intellectual property assets. Bass, Berry & Sims’ attorneys understand these business and legal issues and assist our clients with strategies that meet both of these goals.
Attorneys in our Digital Media, Content and Marketing Practice Group counsel companies, institutions, sports teams and leagues, agencies, artists and entertainers on the creation, distribution and monetization of content across multiple platforms. We also help clients analyze each aspect of their marketing and events strategies to ensure their campaigns include comprehensive rights, comply with applicable regulations and are properly protected regarding all intellectual property assets.
We have particular experience with:
- Licensing content and technologies for distribution via various forms of digital and traditional media.
- Representing licensors and licensees in programming and distribution agreements covering various types of audio-visual content (including, traditional video, as well as virtual reality, data/statistics and e-gaming).
- Structuring and running promotions, including sweepstakes, contests, sponsorships and loyalty programs.
- Reviewing and clearing advertising and promotional materials across traditional and digital media.
- Advising on digital and social media executions, including those relating to user-generated content.
- Drafting and negotiating events and marketing agency agreements, sponsorship and co-branding agreements and related talent arrangements.
- Counseling on privacy and data security laws governing collection, use and protection of personal information.
Experience
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Representation of HigherDOSE, a growth stage wellness product and services company, as outside general counsel. We advise the company on corporate entity structure; equity incentives; intellectual property protection; data privacy, including CCPA and GDPR compliance; FDA compliance; commercial contracts; waivers; product safety and advertising matters.
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Representation of ClassTag, a disruptive educational technology company, on advertising issues.
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We advise professional sports organizations, including NFL and MLS franchises, with respect to intellectual property licensing and enforcement matters, events and entertainment agreements, major sponsorship and technology agreements, registration, protection and enforcement of trademarks, trademark and copyright clearance issues, domain name issues, website and mobile app privacy policies and data collection practices (including responses to potential data breaches), as well as legal compliance in connection with fan rewards marketing programs.
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Represent the Nashville Soccer Club on sponsorship, corporate, intellectual property, media and event license matters
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Represented a leading developer of A.I.-based chat applications, in a series of content and technology development agreements with each of the NHL, the PGA Tour and the NBA
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Represented Nashville Soccer Holdings, a private entity led by John Ingram, in connection with its year-long bid for (and subsequent award of) an MLS expansion franchise
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Represented the National Basketball Association (NBA) in its efforts to bring the 2020 NBA All-Star Game to Chicago, marking the first time NBA All-Star will be hosted in Chicago since 1988
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
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Chambers USA
"Notable practice with deep experience in the full gamut of IP matters. Particular strength in the technology and healthcare spaces, as well as a growing practice in the sports sector. Possesses the capacity to handle sophisticated IP transactions and high-stakes litigation relating to patent and trademark infringement. A satisfied client comments: 'They are responsive and provide good value for money.' Another market source added: 'The team is impressive.' Interviewees confirm this is a 'very knowledgeable' group.
From Chambers USA 2021