NYSBA EASL Spring Meeting

May 23, 2017 at 2:00pm7:30pm
Barry Werbin
Herrick, Feinstein LLP

2 Park Avenue

New York, NY

Herrick hosted the NYSBA Entertainment, Arts and Sports Law Spring Meeting.

Cutting-Edge Case Developments in Entertainment Law
Stan Soocher, Editor-in-Chief, Entertainment Law & Finance, discussed recent court cases which cover such topics as incontestability clauses in profit participation agreements, the intersection of film distribution payments and the "continuing tort," doctrine, determining which jurisdiction's statute of limitations applies to disputes over agreements for uses of copyrights, litigations and court decisions over the digital streaming of pre-1972 sound recordings, trademark disputes over digital entertainment content, recent copyright-assignment termination litigations, whether a letter of intent is binding for a film production deal, how geoblocking technology may affect litigation involving online video-viewing providers and motions to disqualify plaintiffs' attorneys who have previously represented both talent and the management company the talent have since sued for trademark infringement.

Film Revenues and Security Interests: A Case Study
Future revenues of motion pictures can be bought, sold and traded just like any other cashflows. This modified case study is based on an actual sale of film revenues and an ensuing lien enforcement which the presenters handled. The presentation covered:

  • the sale of a discrete set of film library revenues, including creation and perfection of security interests in the film library to secure seller obligations,
  • administration of the film library revenues by a sales agent and collection account manager, and
  • enforcement of liens following seller's breach, including sale of the film library in satisfaction of defaulted obligations.


  • Ezra Doner, Esq., The Law Office of Erza Doner
  • Gary Eisenberg, Esq., Perkins Coie LLP

Impact of the Supreme Court's Extension of Copyright Protection to Cheerleader Uniform Applied Designs  
Barry Webin, Counsel, Herrick, Feinstein LLP reviewed the Supreme Court's recent decision in Star Athletica v. Varsity Brands and assess how it will likely impact the apparel industry and use of applied art generally, including for sports marketing.