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- Media and Entertainment Litigation
Covington’s media and entertainment lawyers work closely with the firm’s nationally recognized litigation practice to provide an integrated and efficient approach to litigating matters for our media and communications clients. Because our media lawyers collaborate with top trial and appellate lawyers from our expansive litigation practice, our clients can be assured that their interests are being zealously guarded by lawyers who understand the business and policy implications of any case.
Our media and communications litigation practice reflects the breadth of our communications regulatory and media content expertise, as well as the international reach of our firm.
- We litigate cases in federal and state courts throughout the United States. In addition, we work closely with the litigation and arbitration counsel in our London and Brussels offices to provide representation in the English courts, in arbitration proceedings globally, and before tribunals such as the European Court of Human Rights, the International Court of Justice, and United Nations special tribunals for war crimes.
- We have represented the telecommunications industry in a series of groundbreaking cases covering a range of key issues in wireless communications.
- We have represented technology and Internet companies in a variety of litigation matters, including challenges to agency authority to regulate new technologies.
- We have litigated First Amendment and libel cases nationwide.
- We have successfully quashed subpoenas seeking reporters’ testimony.
- We provide pre-publication content advice to television broadcasters across the United States, enabling our clients to tell the full story while minimizing litigation risk.
- We have represented advertisers, publishers, and broadcasters in litigation involving commercial speech matters, claims of unfair advertising under the Lanham Act, and trademark claims.
FCC v. Fox Television Stations, Inc.
Covington successfully represented CBS and NBC Television Affiliates in this case involving the FCC’s policy on broadcast of "fleeting expletives." The Supreme Court held that the agency’s policy violated the Due Process Clause, an argument emphasized in Covington’s brief for the television stations.
NFL in copyright infringement action
Represented the National Football League in a copyright infringement action against a satellite carrier, successfully obtaining statutory damages and a permanent injunction prohibiting satellite retransmission of game telecasts originating in the United States to locations outside the United States.
CBS Corp. v. FCC.
Covington successfully represented CBS against a threat by the FCC to make hundreds of thousands of pages of highly confidential programming contracts and negotiation materials available to hundreds of third parties. The D.C. Circuit ruled in favor of CBS, stating the FCC’s decision was “both substantively and procedurally flawed.”
Success in federal copyright infringement lawsuit
Successfully defended 20th Century Fox Film Corporation and Chernin Entertainment in a federal copyright infringement lawsuit filed in the Central District of California. After extensive litigation, the case settled, with a complete walkaway and limit on future suits.
Dismissal of a high-profile negligence action
Represented Universal Studios in obtaining the dismissal of a high-profile negligence action brought by a Maury Show guest in New York state court.
Favorable settlement for Raycom Media
Represented Raycom Media in obtaining a favorable settlement of a lawsuit brought against the City of Cleveland when the mayor issued a formal edict barring all city officials from speaking with WOIO-TV, a Raycom-owned CBS affiliate, after the station aired a documentary critical of the mayor.
Successful representation of Public Television Stations in FCC matter
Represented the Association of Public Television Stations before the D.C. Circuit, in successfully defending an FCC order providing that public television stations may use their surplus digital capacity for commercial purposes, including non-broadcast advertisements.
Representation of Sony Music Entertainment in IP related claims
Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.
Resolution of copyright infringement matter for international video game publisher
Represented international video game publisher in copyright infringement claims by major record labels and publishing companies regarding licensing of sound recordings and compositions. Successfully resolved all claims without litigation.
Mitch Kamin Among LA’s "Most Influential IP Attorneys"
August 15, 2017
LOS ANGELES—The Los Angeles Business Journal has named Covington partner Mitch Kamin one of the “Most Influential IP Attorneys” in Los Angeles. The Los Angeles Business Journal highlighted Mr. Kamin’s representation of entertainment industry leaders such as 21st Century Fox and Sony Music Entertainment in complex, high profile intellectual property disputes, ...
April 20, 2017, Law360
Earlier this month, in Maloney v. T3Media Inc.,[1] the Ninth Circuit held that former college athletes could not assert a right of publicity to prevent the NCAA and its licensee, T3Media, from distributing images of the players. The court ruled that the players’ right of publicity was preempted by Section 301 of the Copyright Act because photographs of the college athletes were within the “subject matter” of copyright. While the outcome of the case may be justifiable on the facts, the decision raises more questions than it answers, further muddying the already difficult terrain of copyright preemption under Section 301.
Leading M&A Lawyer Joins Covington
February 28, 2017
NEW YORK—Tom Kuhn has joined Covington’s Mergers and Acquisitions practice, and will focus on media and technology transactions. He will be based in the firm’s New York office. Mr. Kuhn is a seasoned M&A deal maker, with experience both as a lawyer and as a banker. He also advises on corporate governance matters and provides strategic counseling. He has ...
General counsel to US Copyright Office joins Covington
February 9, 2017, Intellectual Property Magazine
Simon Frankel and Jacqueline Charlesworth are quoted by Intellectual Property Magazine in an article regarding Charlesworth’s recent arrival. According to Frankel, “Jacqueline’s experience includes a rare combination of litigation, transactional and policy work in both public service and private practice.” He adds, “At a time of significant technological ...
Covington Copyright Hire
February 9, 2017, Commercial Dispute Resolution
Simon Frankel is quoted in a Commercial Dispute Resolution article regarding Jacqueline Charlesworth’s arrival to Covington. “Jacqueline’s experience includes a rare combination of litigation, transactional and policy work in both public service and private practice,” says Frankel. “At a time of significant technological developments and potential revisions to ...
Jacqueline Charlesworth, former General Counsel of U.S. Copyright Office, Joins Covington
February 8, 2017, IPWatchdog
Simon Frankel and Jacqueline Charlesworth are quoted in an IPWatchdog article regarding Charlesworth’s recent arrival to Covington’s Intellectual Property Rights and Communications and Media practices. “Jacqueline’s experience includes a rare combination of litigation, transactional and policy work in both public service and private practice,” says Frankel. “At ...
Ex-Copyright Office GC Joins Covington In NY
February 7, 2017, Law360
Jacqueline Charlesworth and Simon Frankel are quoted in a Law360 article regarding Charlesworth’s arrival to Covington’s Intellectual Property Rights and Communications and Media practices. According to Charlesworth, the firm’s outstanding legal talent and highly collaborative culture drew her to Covington. “And, even though I am based in New York, I will have ...
February 6, 2017
NEW YORK—Jacqueline C. Charlesworth has joined Covington’s Intellectual Property Rights and Communications and Media practices in the New York office. She most recently served as General Counsel and Associate Register of Copyrights of the U.S. Copyright Office. While at the Copyright Office, Ms. Charlesworth had primary responsibility for interpretation of the ...
December 6, 2016, Covington Alert
On December 2, 2016, the English High Court ruled that the members of the band Duran Duran would be in breach of the contracts under which they assigned their publishing copyrights if they exercised their U.S. statutory right to terminate the transfer of the U.S. copyrights under section 203 of the Copyright Act. The case, Gloucester Place Music Limited v Simon Le Bon & Others [2016] EWHC 3091 (Ch), has potentially significant ramifications for post-1977 U.S. copyrights assigned under instruments governed by foreign law.