Best Media and Entertainment Lawyers in Tennessee

About Media and Entertainment Law in Tennessee, United States

Tennessee is a vibrant hub for music, film, television, digital content, and other creative industries. Its largest cities, Nashville and Memphis, are internationally recognized for their contributions to music, notably country, blues, and rock and roll. Media and entertainment law in Tennessee encompasses legal issues affecting artists, producers, musicians, filmmakers, authors, broadcasters, and anyone involved in the creation, distribution, or protection of entertainment content. Key issues commonly involve contracts, intellectual property, licensing, rights clearances, and disputes over creative works. Due to the unique challenges facing entertainment professionals in Tennessee, having an understanding of relevant laws is crucial for protecting your creative interests and career.

Why You May Need a Lawyer

There are several situations in the media and entertainment industry where having skilled legal counsel is important. You might need a lawyer to:

• Review, draft, or negotiate recording, publishing, or production contracts
• Secure intellectual property rights over music, scripts, or other creative works
• Resolve copyright or trademark disputes
• Advise on royalty collection, licensing, and revenue sharing
• Handle disputes with agents, managers, or other business partners
• Comply with local, state, or federal regulations on broadcasting, production, or distribution
• Defend against defamation, invasion of privacy, or right of publicity claims
• Assist with fair use or licensing questions for sampling or cover songs
• Register a production company, label, or other business entity
• Navigate labor unions, guilds, or employment agreements in the entertainment field

Legal professionals with experience in Tennessee’s media and entertainment sector can provide valuable guidance, custom solutions, and help reduce risks to your creative projects.

Local Laws Overview

Tennessee law has several aspects that are especially relevant to media and entertainment:

• Right of Publicity: Tennessee has strong protection for individuals’ right of publicity, including posthumous rights, which means that a person’s name, likeness, or image cannot be used for commercial purposes without permission.
• Intellectual Property: Copyrights and trademarks are governed by federal law, but Tennessee provides additional remedies for misappropriation and unfair competition. State law may also intersect with federal protections, particularly in cases involving state-specific trade secrets or business relationships.
• Contract Law: Recording agreements, production contracts, and publishing deals must comply with both state and federal regulations. Tennessee law governs many business and employment contracts in the entertainment field.
• Music Industry Regulation: As a center for music, Tennessee is home to various music collectives, rights organizations, and licensing bodies, fostering a unique legal landscape for music rights and management.
• Defamation and Privacy: Tennessee law permits lawsuits for libel, slander, and invasion of privacy related to published or broadcast material.

Navigating these laws can be complex, so it is important to seek legal advice when dealing with matters that could affect your creative work or business interests.

Frequently Asked Questions

What is the right of publicity in Tennessee?

Tennessee’s right of publicity law protects a person’s name, photograph, likeness, and even their voice from being used for commercial purposes without consent. These rights apply both during a person's lifetime and after their death, which is particularly important in the music and entertainment industries.

How do I protect my music or creative work in Tennessee?

Copyright protection automatically exists once you create original work in a tangible form, but officially registering your copyright with the U.S. Copyright Office offers greater legal protection. You may also want to consider trademark registration for band names or logos.

Do I need a contract for every professional engagement?

While not every engagement requires a written contract, having clear, written agreements is strongly recommended. Contracts help define roles, responsibilities, payments, ownership rights, and can prevent misunderstandings or legal disputes.

What should I do if someone uses my work without permission?

If someone uses your protected work without your consent, you have several options. You can start by sending a cease and desist letter or a takedown notice. If the issue is not resolved, you can pursue litigation. Consulting a lawyer can help you choose the right course of action.

How are royalties handled in Tennessee’s music industry?

Royalties are typically governed by contracts and negotiated agreements between artists, publishers, record labels, and performance rights organizations. Local and national agencies play roles in collection and distribution of royalties, especially for public performances, radio play, and streaming.

Can I use samples or covers of songs under Tennessee law?

Using samples or recording cover songs usually requires securing the appropriate licenses, regardless of state law. You may need a mechanical license for covers or permission from copyright holders for sampling. Legal counsel can help you acquire the rights you need.

How does Tennessee regulate film and television production?

Film and TV productions in Tennessee must comply with local permit requirements, labor laws, and rules regarding intellectual property and publicity rights. There are also tax incentives available to attract productions to the state.

What should I know about forming a music label or production company?

Forming a business entity in Tennessee typically involves registering with the Secretary of State, choosing the right structure, and understanding regulations for payroll, taxes, and liability. An attorney can help you choose the right formation and keep your business compliant.

What legal issues are unique to minors in entertainment in Tennessee?

When minors are involved in entertainment projects, additional legal steps may be required, such as permits, trust accounts (also called Coogan accounts), and compliance with child labor laws. Parental or guardian involvement is also legally necessary.

How are disputes typically resolved in the entertainment industry?

Many disputes are resolved through negotiation or mediation. When necessary, litigation may occur in state or federal court. Alternative dispute resolution methods are common, especially for contract disagreements and rights disputes.

Additional Resources

For more information or assistance, consider contacting:

• Tennessee Film, Entertainment & Music Commission - Offers information on state incentives, permits, and industry resources
• U.S. Copyright Office - For copyright registration and information
• Broadcast Music, Inc. (BMI) - Headquartered in Nashville, provides music licensing and royalty collection support
• American Society of Composers, Authors and Publishers (ASCAP) - Music rights management organization
• The Recording Academy Nashville Chapter - Professional resources for recording artists and musicians
• Tennessee Secretary of State - Business registration and compliance information
• Volunteer Lawyers and Professionals for the Arts (VLPA) - Offers pro bono legal assistance for artists and creatives in Tennessee

Next Steps

If you need help with a media or entertainment legal issue in Tennessee, consider taking these steps:

• Gather all relevant documents or contracts related to your issue
• Make a list of your main questions and objectives
• Contact a lawyer with experience in Tennessee’s media and entertainment law
• Use available resources and organizations to find referrals or free consultations
• Review professional associations and regulatory bodies for additional support or guidance

Taking timely action can protect your rights, your work, and your career. Do not hesitate to seek legal advice tailored to your specific circumstances in Tennessee’s unique creative landscape.