Robert J. Labate

Robert J. Labate is California-based and is co-chair of Holland & Knight's national Entertainment Law practice. Mr. Labate assists major media companies, performers and production companies with copyright, licensing, financing, content acquisition, production, digital distribution and music issues. He also advises media and entertainment clients regarding advertising, sponsorship and talent agreements as well as use of social media and websites.

Mr. Labate was an adjunct faculty member at DePaul University School of Law between 2007 and 2014 where he taught "The Law of Film and Television Production." His entertainment and transactional practice is recognized by Chambers USA, Best Lawyers in America and Super Lawyers magazine.

Recent Entertainment Law Engagements Include:

Feature Film and Media Projects

• Assist an international beverage company in licensing and trademark license for international streaming series based on history of company
• Assist a major entertainment company acquisition of rights to a series of best-selling science fiction novels for development and production of film, TV and streaming projects
• Represent an internationally famous ballet company in a number of production and distribution agreements for film and television projects
• Regularly assist producers of a narrative feature film with financing, development, production and distribution issues
• Negotiate on behalf of an investor in development and production of 20 feature-length documentary film, many of which are award-winning and available for streaming
• Represented an A-list performer with film production agreements, including film and media productions with Netflix and other over-the-top (OTT) distributors
• Provided analysis of royalty obligations in connection with royalty obligations resulting from 10-year licensing of catalogue of 40 films to leading Subscription Video on Demand (SVOD) provider
• Assist with the television broadcast of 20th anniversary commemoration of 9/11 tragedy
• Finance, production and distribution counsel for dozens of award-winning documentary films, including "Life Itself," "Abacus: Small Enough to Jail," "Minding the Gap" (nominated for Academy Award), "Finding Yingying" and "Breaking the News"
• Serve as outside counsel to a leading producer of documentary films in connection with ongoing film financing, development, production and distribution of six feature film projects
• Assist a major annual international beauty pageant in connection with distribution of 2024 events

Publishing

• Represent an author's heirs in connection with dispute over rights to subsidiary works based on best-selling life story
• Represent an international publisher in connection with e-publishing agreements, artist royalty disputes, and copyright and trademark issues
• Negotiated worldwide publishing rights for music celebrity's book to be published in the U.S. and worldwide
• Negotiated worldwide graphic novel publishing rights for celebrity client for publication in 2021
• Assisted celebrity author and host of television and podcast programs with publishing agreement for most recent, best-selling book
• Assisted writer, political commentator and television personality with most recent publishing agreement for her new book

Copyright Infringement, Defamation and Right of Publicity Litigation

• Represent an award-winning writer and playwright in an infringement action against a major streaming network
• Represented a major media company and several of its television stations in a copyright infringement action regarding photographs used on station websites; the case was dismissed by consent of the parties soon after our Chicago Team filed, against the plaintiff, a motion to dismiss and for sanctions for discovery violations and for failure to comply with court orders
• Assisted an international beverage company against claims of infringement by copyright owners of music used by the company in YouTube promotions
• Represented a television station and its parent media company accused of failing to license more than 1,000 musical compositions used in four series of contest programs over a period of three years
• Represent a video game producer in right of publicity action brought by an actor alleged to be portrayed in an online game

Transactional Media

• Assisted a major Canadian media company with licensing of substantially all of its kids' programming content to a leading U.S. Subscription Video on Demand (SVOD) provider and provided analysis of potential licensing, royalty payment and infringement issues
• Collaborated with other Media Practice Team members to develop and implement comprehensive copyright clearance programs for newsroom producers and, separately, for advertising executives at 90 television stations throughout the country; the program includes standard clearance procedures, fair-use guidance, agreements and licensing, webinars with station news directors and producers, and procedures for use of third-party materials such as images, photos and videos
• Negotiate investment agreements in connection with the revival of a major Broadway musical opening in 2023
• Prepared and negotiated production, host and executive producer agreements for new celebrity-chef television series to air on A+E
• Represented the producer of a Top 10 iTunes podcast series in connection with licensing, distribution and rights acquisition issues together with publication of a new book based on the podcast series
• Advised celebrity chef on all media activities including participation in "Iron Chef Gauntlet" series premiering on Food Network
• Regularly negotiate rights acquisition agreements for film, TV and streaming series

Advertising, Sponsorship, Celebrity Endorsement and Promotional Agreements

• Represent international footwear and sportswear company in connection with sponsorship, product integration, product collaboration and advertising agreements for major 2020 basketball event held in New York City; separately, represent same company in connection with sponsorship of unscripted sneaker design competition series for distribution on YouTube channel
• Represent national cookware manufacturer with licensing of intellectual property (IP) and publicity rights from world-famous chef for exclusive use with all North American sale and distribution of cookware and appliances
• Assist a media company with influencer and merchandizing agreements for products to be created for distribution through one of largest U.S. retailers
• Regularly assist with product integration, trade-out and licensing agreements for TV and streaming series
• Assisted an international airline in connection with licensing rights and acquisition agreements with a major movie studio and stars of an action/adventure motion picture, which were necessary for a promotional campaign including a Super Bowl TV commercial broadcast together with on-going advertising campaigns via television, social media, internet, billboards and in-airport displays
• Represented a national hotel chain in connection with a range of marketing, endorsement, sponsorship, master media buying and social media agreements
• Prepared sections of national hotel chain's Outside Counsel Handbook concerning celebrity chef licenses and consulting agreements, celebrity endorsement agreements, termination of intellectual property (IP) licenses and location agreements for film, television and media
• Assisted a celebrity author and host of an interview program in connection with an endorsement and promotional services agreement with an international electronics company
• Represented a celebrity chef in connection with the financing and opening of her new restaurant which recently received recognition as a Top 10 best new restaurant from a national food magazine and a national style magazine

Music

• Represent Rock and Roll Hall of Fame composer, musician and performer in music licensing and for podcast play production
• Appointed as heirs representative in connection with negotiation of six major marketing, streaming, music publishing and catalogue distribution agreements for international artist who died in 2016
• Represented international singer and performer in connection with documentary following series of international concerts for /broadcast premiere on the Fox network and assisted with performer's music video released in connection with her recent album release