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- Home
- Practices and Industries
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- Communications and Media
- Content Creation and Distribution
Covington has a long history of representing companies in content creation, licensing, and distribution matters. We represent a wide range of entertainment and media industry clients, including film studios, television networks and stations, digital video channels, video game publishers, social media companies, sports leagues, streaming platforms, and celebrities. Because we work with so many industry leaders in projects across the world, we have a broad and deep understanding of the digital and traditional media industries across our U.S. and international offices.
Our work includes the representation of prominent and independent media companies, such as The Walt Disney Company, AMC Networks, ViacomCBS, Univision Communications, NFL Network, TV One, and Ovation, in content licensing and distribution matters. We also represent several major streaming services in acquiring, producing, and distributing original and licensed content for their proprietary platforms. On behalf of both our content and platform clients, we also handle bundling arrangements, app placement and revenue sharing partnerships, development of proprietary “direct to consumer” (DTC) distribution platforms, and digital marketing, ad tech, and other arrangements for data monetization.
Beyond negotiation and drafting, we counsel on deal strategy, review, interpret and evaluate compliance with most favored nations provisions and other contractual provisions, conduct due diligence and contractual analysis in connection with media-related corporate transactions, and work closely with our litigators in content licensing and distribution related disputes. Our matters also span a wide range of technologies, including traditional pay television systems, mobile and internet “over the top” (OTT) streaming, and emerging technologies (e.g., AR and VR). And, our work involves an extensive combination of business models, including pay and free ad-supported linear (FAST), subscription video-on-demand (SVOD), free ad-supported video-on-demand (AVOD), transactional rental and “sell-through”, pay-per-view, premium a la carte, and subscription bundles.
Content Distribution
Representation of a broad range of television networks, television station owners, and other content providers in negotiations for carriage and distribution on traditional, streaming and social media platforms, as well as in related arrangements for integration of programmatic advertising and content protection.
Pac-12 Networks in Twitter Streaming Deal
We represented Pac-12 Networks in its deal with Twitter for streaming of 150 live Olympic sports events from the Pac-12 universities.
DTC Development and Support
Assisted clients in developing their own content distribution platforms, negotiating key contracts pertaining to app development and placement, content enhancement, audience building and monetization, and all facets of ad tech services.
Streaming Platform Support
Advising major and independent streaming services in connection with the creation, launch and maintenance of products and platforms, including in:
- carriage, placement, marketing and co-branding arrangements with third party platforms and devices;
- international expansion strategies for proprietary DTC platforms, as well as compliance with local content standards and youth protection laws in the relevant markets; and
- content licensing and production agreements and related matters, such as clearances, content standards, product placement and other compliance issues.
Strategic Counseling
- Counseling major film studios and networks with respect to contractual and IP issues associated with character placement in feature films, exclusive distribution windows, most favored nations clauses, and other negotiated distribution rights.
- Advising major Hollywood studios and leading independents on their film and television activities in China, including feature film and television development, financing, production, and distribution, market entry and entity formation, and regulatory and licensing issues.
M&A Support
Supporting clients in the acquisition and sale of media-related assets. Example matters include:
- Representation of Disney on content distribution and communications regulatory matters in connection with its acquisition of 21st Century Fox and related divestitures.
- Central European Media Enterprises’ sale of its broadcast operations in Croatia (“Nova TV”) to United Group B.V., a private company majority owned by U.S. investment firm KKR.
Joint Venture for Creation and Launch of 120 Sports
Represented NHL in connection with its entry into a joint venture with Silver Chalice Partners, Sports Illustrated and Major League Baseball Advance Media for the creation and launch of 120 Sports, the first multi-sport, league-created digital network in the United States. In addition to MLB and NHL content, the digital network will include content from the NBA, NASCAR and a number of college conferences. The network is expected to offer 24/7 programming on an unauthenticated basis, including live sports highlights and related news programming.
Launch of the WWE Network
Represented WWE in the launch of the WWE Network, a direct-to-consumer, subscription-only, online video channel that will air round-the-clock programming, including new programs and matches, an on-demand service, WrestleMania, and a six-decades-deep library for $9.99 a month. This is one of the first sports “over the top” offerings in the United States and the transaction received a great deal of publicity as a result.
Kangaroo Media Inc. in Negotiation of Agreement with Formula One
Kangaroo Media Inc. in the negotiation of an agreement with Formula One for the rights to provide a handheld TV service to racing fans at F1 events around the world.
Labrador Communications in Exclusive Content Distribution Agreement with Cingular Wireless
Labrador Communications, a start-up new media company, in its exclusive content distribution agreement with Cingular Wireless for the distribution of Labrador’s stock-car racing audio programs as a subscription service to Cingular’s mobile telephone customers.
Belo Corporation in Agreement with Weathernews Inc
Belo Corporation, an owner of television and radio stations and daily newspapers, in an agreement with Weathernews, Inc., an aggregator of digital content. Belo provided news and weather information, including video clips, for distribution by Weathernews to mobile telephones.
Media Rights Agreements
Represented the PGA of America, the USTA, the U.S. Olympic Committee, the American Athletic Conference, the A-10 Conference, the Chicago Cubs, and the LA Clippers (among others) in connection with the negotiation of their media rights agreements.
NFL Sunday Ticket DirecTV Deal
Representation of the National Football League in connection with its deal to extend DirecTV's exclusive rights to carry NFL Sunday Ticket in a multi-year agreement.
Univision in Deal for Carriage on DISH’s “Over the Top” Sling TV Service
Represented Univision Communications in the precedential agreement for carriage of Univision’s broadcast stations and cable networks on DISH’s “over the top” Sling TV service. The UCI media portfolio includes the Univision Network, one of the top five broadcast networks, and the most-watched Spanish language broadcast network in the U.S., reaching approximately 94 percent of U.S. Hispanic television households. The agreement covers the Univision and UniMas broadcast networks, as well as other UCI services, such as Univision Deportes and El Rey Network. Sling TV is a new online offering from one of the largest television distributors in the country, by which subscribers can view major network content via the Internet anywhere in the United States.
San Francisco Digital Media Advisory Council Member
Covington is the only law firm member of the San Francisco Digital Media Advisory Council, a coalition between the City of San Francisco and a host of leading digital media and entertainment companies, including Electronic Arts, Lucasfilm, Dolby Labs, Wild Brain Entertainment, Giant Killer Robots, Dreamworks Animation and Pixar.
NBA in Live Virtual Reality Streaming with NextVR
We represented the NBA in a multi-year deal to stream live NBA games in virtual reality in a partnership with NextVR, which will become the official live virtual reality partner of the NBA. During the 2016-2017 season, live VR games will first be available to NBA League Pass subscribers, with single-game purchase opportunities to follow for all VR consumers as the NextVR app becomes available on new VR devices.
Fox Networks Group in Online Distribution Agreements
We represented Fox Networks Group in various agreements for carriage of the Fox suite of cable networks and the Fox owned and operated broadcast television stations on various “over-the-top” Internet-based distribution platforms.
NFL in $17 Billion, 8-Year U.S. Programming Agreements
Representation of the National Football League in its $17 billion, 8-year U.S. network television programming agreements and in its agreements with AOL, SportsLine.com and others for the joint production of the official NFL websites.
NFL in $18 Billion Eight-Year Programming Agreements
The National Football League in negotiating its $18 billion eight-year programming agreements with ABC, CBS and Fox Television, its interactive media rights/online cross-promotion and marketing agreement with AOL, CBS and Sportsline.com, and its international content distribution deal with Yahoo!
Rooster Teeth Productions, Inc. in License Agreement
Rooster Teeth Productions, Inc., a company that produces animated shorts, in connection with a license agreement.
Sony Network Services' Negotiation of Agreement with Alltel
Sony Network Services in the negotiation of an agreement with Alltel, the U.S. mobile network operator, to provide the "StreamMan" personalized music service to Alltel's cellphone customers.
American Airlines in its In-Flight Wi-Fi Partnership
Represented American Airlines in connection with its Wi-Fi entertainment partnership with a major technology company.
Advise Large Software Company on Copyright Issues for Live-Streaming and Video Games
Representation of a large software company on copyright issues related to live-streaming and video gaming issues.
Digital Music Service Start Up Companies in China
Advise start-ups such as producers of original Web content and digital music services.
Major Streaming Content Provider in Global Diligence Projects
Conducted global diligence projects for major streaming content provider, including in respect of music licensing requirements and associated collecting society issues.
ByteDance Ltd., Owner of TikTok, in its Acquisition of Flipagram
Representation of ByteDance Ltd. in the acquisition of Flipagram, Inc., a private company based in Los Angeles, that allows users to create and share photo-video stories with their photos, text, and short video clips set to licensed music.
Pearl Mobile DTV in Project to Provide Mobile Digital Television Services in U.S.
Pearl Mobile DTV in establishing a nine-company venture to provide Mobile Digital Television services in the United States. Covington attorneys led the negotiations leading to the creation of the Pearl Mobile DTV venture, the negotiation of content license agreements, and public policy efforts before Congress and at the White House and the FCC.
Broadcast Compliance
We routinely provide both large and small broadcast station groups with the full range of advice necessary to comply with the FCC’s complex set of regulations governing broadcast television and radio stations. We help broadcasters with regulatory matters including political broadcasting, children’s programming (“KidVid”), license renewals, online public files, contests, gaming and other state-regulated advertising categories, licensing, carriage elections, and other topics. For example, we serve as principal outside FCC counsel to Univision Communications, Graham Media, the Public Broadcasting Service, among other parties with interests in the broadcast sector.
Alliance for Lifetime Income in its Sponsorship of the Rolling Stones Tours
Advised the Alliance for Lifetime Income in its agreements to become the sole sponsor of the Rolling Stones' No Filter US Tour 2019 and No Filter US and Canada Tour 2020.
Retransmission Consent and Content Distribution
As part of our thriving Content Creation and Distribution practice, we represent broadcasters and networks in all manner of distribution arrangements, including distribution by major cable, satellite, telco and OTT distributors and platforms.
Creation and Distribution of Virtual and Augmented Reality Product
Represented the Los Angeles Clippers in connection with its agreement with Second Spectrum to create an AI-Enhanced, Augmented Reality Video Streaming Product.
Disney’s $71.3 Billion Acquisition of 21st Century Fox
Representation of Disney on content distribution and communications regulatory matters in connection with its acquisition of 21st Century Fox and related divestitures.
Creation and Launch of 120 Sports
Advised the NHL in connection with its entry into a joint venture with Silver Chalice Partners, Sports Illustrated and Major League Baseball Advance Media for the creation and launch of 120 Sports, the first multi-sport, league-created digital network in the United States. In addition to MLB and NHL content, the digital network will include content from the NBA, NASCAR and a number of college conferences. The network is expected to offer 24/7 programming on an unauthenticated basis, including live sports highlights and related news programming.
March 25, 2020
WASHINGTON—India Business Law Journal has named Ralph Voltmer to its 2020 “International A-list.” The list consists of the world’s top 100 India-focused lawyers at international law firms. Mr. Voltmer, chair of Covington’s India Practice and a partner in the firm’s corporate group, has been active in India for 20 years, working with companies such as Reliance ...
May 8, 2019
LOS ANGELES—The Daily Journal has named Robyn Polashuk, Clara Shin, and Sonya Winner to its 2019 “Top Women Lawyers,” recognizing the “top women lawyers in California.” Ms. Polashuk co-chairs the firm's Communications and Media Industry Group and serves as managing partner of the firm’s Los Angeles office. Her practice focuses on the licensing and distribution ...
Robyn Polashuk Named to Los Angeles Business Journal’s “Most Influential Women Lawyers” List
April 15, 2019
LOS ANGELES—The Los Angeles Business Journal named Covington partner Robyn Polashuk to its 2019 list of “Most Influential Women Lawyers.” This is the fifth consecutive year the publication has named her to the list. Ms. Polashuk, who co-chairs the firm’s Communications and Media Industry Group and serves as managing partner of the Los Angeles office, was ...
May 9, 2018
LOS ANGELES—Covington partners Carolyn Kubota, Robyn Polashuk, and Sonya Winner have been named to the Daily Journal’s 2018 “Top 100 Women Lawyers” list, recognizing the “top women lawyers in California.” Based in the firm’s Los Angeles office, Ms. Kubota is a member of the American College of Trial Lawyers and has served as lead counsel on high-profile ...
January 29, 2018
LOS ANGELES—Multichannel News has named Covington partner Robyn Polashuk to its 2018 class of “Women to Watch.” Ms. Polashuk is the only outside counsel named to the list. “This year’s group of Women to Watch is pushing the boundaries in both personal and professional achievements,” said Mark Robichaux, Editorial Director of Multichannel News. The award ...
#MCNWW 2018: Women to Watch
January 29, 2018, Multichannel News
Robyn Polashuk was named to Multichannel News' 2018 class of “Women to Watch.” Commenting on what she likes most about her job, Polashuk says, "I love the diversity of the clients and projects, and the interesting new issues I am asked to address nearly every day in our evolving industry." In her profile, Polashuk also stresses the importance of growing ...
June 12, 2017
LOS ANGELES—Covington partners Robyn Polashuk, Clara Shin, and Sonya Winner have been named to the Daily Journal’s 2017 “Top 100 Women Lawyers” list, which recognizes the leading women lawyers in California who “try complex commercial disputes and put together industry-transforming deals.” Managing partner of the firm’s Los Angeles office, Ms. Polashuk focuses ...
May 1, 2017, Covington Alert
In a widely anticipated step, FCC Chairman Ajit Pai has released the text of a draft Notice of Proposed Rulemaking (“NPRM”) proposing to change the legal framework that governs broadband providers, eliminate the “Internet conduct standard” for evaluating broadband provider practices on a case-by-case basis, and seek comment on whether to keep, modify, or ...
April 26, 2017
LOS ANGELES—The Los Angeles Business Journal has named Covington partner Robyn Polashuk one of the “Most Influential Women Lawyers” in Los Angeles. The Los Angeles Business Journal recognized Ms. Polashuk’s “unique practice that lies at the intersection of traditional and digital media.” The profile highlighted Ms. Polashuk’s representation of entertainment ...
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 ...
Future of the Music Industry
April 14, 2017, Harvard Law School Entertainment Symposium
The Evolution of Intellectual Property As a Key Value Driver in Sports
April 14, 2017, 6th Annual NYU Sports Law Colloquium
Silver Screen to Laptop Screen
April 14, 2017, Harvard Law School Entertainment Symposium
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 ...
December 5, 2016
WASHINGTON—SportsBusiness Journal has named Doug Gibson and Gregg Levy to its list of the “50 Most Influential People in Sports Business.” Mr. Gibson and Mr. Levy are two of only four lawyers in private practice on the list, which also includes league commissioners and team owners, broadcast industry and sponsor company CEOs, and other high-profile executives in ...
April 12, 2016
NEW YORK — Covington advised Turner Sports on the extension of its rights to distribute the NCAA men’s basketball tournament via a partnership with CBS. With the extension in place, Turner and CBS will hold the media rights for “March Madness” through 2032. The new agreement allows the networks to distribute the tournament games across a wide range of their ...
August 3, 2010
BEIJING, August 3, 2010 — More than 1,000 attendees were on hand as Covington & Burling LLP co-hosted a major entertainment industry event, the first ever “3D China Summit.” The event, held on July 16 and 17, attracted an unprecedented cross-section of leading film and television producers, film and television technology and effects companies, film and ...