Charmaine D. Smith

Charmaine D. Smith

Shareholder

Charmaine D. Smith focuses her transactional practice on the licensing of music, videos and other entertainment-related content, and the protection, maintenance, exploitation and enforcement of trademark, copyright and publicity rights. She has wide-ranging experience drafting and negotiating digital content agreements (with record labels and other content providers/licensors) on behalf of clients with digital music/media services and offerings, managing domestic and international trademark portfolios, drafting and negotiating trademark purchase/sale and license agreements, and counseling and strategizing with clients on trademark, copyright, publicity rights and entertainment-related new media issues.

Concentrations

  • Transactional entertainment-related matters in the music and film industries
    • Advising clients with respect to various aspects of digital media offerings 
    • Preparing and negotiating complex term sheets and content agreements with record companies (majors, independents and aggregators), both U.S. and international, covering audio and audiovisual content with respect to virtually every type of digital media offering, including permanent downloads, subscription offerings, streaming services, ad-supported services, "locker" services, ringtones, ringback tones, pre-loaded devices and video games, and providing related strategic counseling 
    • Preparing and negotiating complex term sheets and content agreements with music publishing companies and music publishing rights organizations, including for new media products and service offerings and more traditional offerings 
    • Preparing and negotiating digital media agreements with motion picture studios and video content providers, including for electronic sell-through, preload distribution and streaming offerings 
    • Copyright counseling and guidance in the digital media space, including analysis of new developments in the copyright laws and impact on services and offerings, and analysis of complex rights licensing issues associated with new models 
    • Strategic counseling and drafting of complex agreements for companies offering marketing, digital media support and/or digital back-end services to musical artists and record labels 
  • Trademark prosecution, counseling, licensing and enforcement 
  • Copyright prosecution, counseling, licensing and enforcement 
  • Publicity rights counseling 
  • IP and related litigation, including trademark infringement, false advertising, copyright infringement, misappropriation of trade secrets, unfair competition and patent infringement 
  • Due diligence review of domestic and international IP portfolios
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取扱分野

実績紹介

  • Advised, represented and negotiated on behalf of various companies in connection with obtaining the necessary music rights to launch and maintain their online, mobile and/or other new media products and services. 
  • Counseled and provided strategic guidance on music rights issues to online music services and members of the wireless telecommunications industry.
  • Served as primary trademark counsel, including management of and strategic counseling related to, domestic and international trademark portfolios for various musical artists, other clients in the music industry and clients in other industries. 
  • Served as lead IP counsel in multimillion-dollar sale of trademark portfolio and license back of trademark rights. 
  • Served as lead counsel in drafting and negotiating license agreements, and overseeing the clearance process, with record labels, music publishers and performance rights organizations for use of thousands of songs in new music museum.

受賞歴・所属団体

  • Listed, The Best Lawyers in America, Litigation - Intellectual Property, 2017-2019
  • Listed, Super Lawyers magazine, Georgia Super Lawyers, "Rising Star," 2006-2015
  • Listed, Georgia Trend magazine, "Legal Elite," 2012-2013
  • Team Member, a U.S. News - Best Lawyers® "Law Firm of the Year" in Entertainment Law - Music, 2011-2012
  • Selected, Fulton County Daily Report, "Atlanta Attorneys on the Rise," August 2011
  • Recognized, Atlanta Business Chronicle, "Dealmakers," April 16, 2009
  • Secretary, State Bar of Georgia, Section of Entertainment and Sports Law, 2016-2017 
  • Member, American Bar Association, Forum on the Entertainment and Sports Industries
  • Member, Georgia Bar Association
  • Member, Atlanta Bar Association
  • Member, Morningside-Ansley Friends of Children’s Healthcare of Atlanta

学歴・資格・言語

学歴
  • J.D., cum laude, Georgetown University Law Center, 2000
    • Notes and Comments Editor, The Tax Lawyer
  • B.A., summa cum laude, Princeton University, 1997
弁護士資格
  • Georgia
言語