Eleanor M. Lackman Featured in The Hollywood Reporter
MSK partner Eleanor M. Lackman was featured in the article, "Content Clashes and the Netflix Effect: Hollywood Lawyers Discuss the Decade Ahead," published by The Hollywood Reporter on January 2, 2020.
From the article...
"As the year and decade come to an end, The Hollywood Reporter asked attorneys across various sectors of entertainment to weigh in on the most impactful events of the past decade and make predictions for the industry's next 10 years...
The Most Significant Entertainment Industry Event of the 2010s Was...
ELEANOR LACKMAN
Mitchell Silberberg & Knupp
In my view, the most important litigation of the past decade has involved the application of the Copyright Act at the critical intersection of entertainment and technology. The long-running Viacom v. YouTube case, for example, helped shape the law around user-posted content, while the landmark Aereo and ReDigi cases grappled with how the law applied to new means of consuming content, revisiting decades-old provisions related to public performance, the first-sale doctrine and statutory licenses. These rulings show that, as content delivery continues to expand and technology rapidly evolves, providers must maintain a deep understanding of copyright law and policy.
What to Expect in the 2020s...
LACKMAN
For the next decade, as new ways of consuming entertainment emerge, not only will we see more litigation and licensing challenges, but those challenges will be more international in scope as the cost of creation and barriers for entry into distribution drop. In other words, there are going to be more players in the game and more markets for consumption of content across numerous platforms. As branded content and other brand collaborations increase (particularly via the use of influencers) and the race to get content in front of new eyeballs intensifies, we may see a proliferation of licensing, trademark and advertising litigation.
