The Firm’s transactional practice consists of the representation of individuals and companies in the music, arts, and entertainment field, and our attorneys handle the negotiation and drafting of agreements and contracts relating to recording, distribution, publishing, co-publishing and administration, composition and master licensing, merchandise, spokesperson and endorsements, artist management, live performances and venue rentals, web and mobile-based apps, and other physical and digital content licensing.
The Firm advises on emerging technology and digital media issues and helps clients properly structure their business and provide guidance on intellectual property issues and legal liability.
The Firm acts as intellectual property counsel to recording artists, visual artists, songwriters, authors, music publishers, entertainment companies, and game developers.
We advise on intellectual property asset purchases and sales, trademark filing and copyright registration, protection and enforcement, and name and likeness and life rights. Additionally, we have a robust licensing, merchandising and branding practice.
The Firm has also worked with clients to lobby states to protect postmortem publicity rights and the Copyright Term Extension Act.
The Firm handles all aspect of our clients’ domestic and international trademark portfolios, including trademark clearances, application and renewal filings, opposing registration and pursuing cancellation of infringing marks, and trademark protection, enforcement, and monitoring. The Firm negotiates and drafts trademark licensing, coexistence and consent agreements.
The Firm advises clients on an array of issues relating to copyrights, including registration, fair use and clearance reviews, termination, protection, and licensing.
The Firm represents clients and negotiates international exhibitions consignment, commission and licensing agreements, purchase and sale of artwork, legacy planning, droit moral (moral rights), and NFTs.
Commercial Disputes & Litigation
The Firm represents clients in a broad range of matters in both federal and state courts as well as in arbitration and mediation.
The Firm handles the prosecution and defense of intellectual property matters including trademark and unfair competition claims, copyright claims, anti-piracy seizure orders, and name and likeness rights disputes. We also represent clients in disputes involving contractual relationships of all kinds, including business litigation, interference with business relationships and unfair competition.
The Firm has handled a number of seminal Second Circuit cases dealing with copyright and trademark issues and has attained numerous preliminary and permanent injunctions, multi-million dollar judgments, summary judgment orders and favorable settlements for our clients.
While based in New York, our attorneys represent clients in matters pending in all areas of the country and advise on international disputes as well.
Herbsman Hafer Weber & Frisch, LLP offers the services of a general practice law firm to our clients, counseling clients on day-to-day corporate and business matters and providing assistance in the areas of business formation, employment matters, real estate and other general matters.