Media, Entertainment, and Digital Content Law Specialty Team

Butzel | Your Media, Entertainment, Broadcast and Digital Content Counsel for a Changing Industry

Butzel’s Media, Entertainment, and Digital Content Law Specialty Team brings together experienced media, First Amendment, intellectual property, commercial litigation, corporate, privacy, employment, and technology attorneys to advise clients across the full spectrum of modern communications. Our work spans traditional print and broadcast journalism, television, film, publishing, advertising, gaming, streaming, social media, podcasts, blogs, digital platforms, athlete branding, name, image, and likeness (NIL) matters, sports media, and emerging content businesses.

We’re an active force in media, entertainment, First Amendment, and digital content law at the state and national levels. We represent and counsel a broad range of clients, including many local and national broadcast stations, newspapers, publishers, production companies, authors, creators, bloggers, influencers, advertisers, agencies, internet startups, digital businesses, technology companies, and other organizations that create, distribute, license, monetize, or defend content.

Media, Broadcast and First Amendment Counsel

Our media clients depend on us for practical, real-time guidance on newsgathering, newsroom counseling, publication risk, retraction demands, source and subpoena issues, public records disputes, access to public proceedings, and the legal issues that arise when reporting on matters of public concern. With deep experience representing broadcast stations, newspapers, publishers, and other media organizations, our attorneys understand the pace of the media industry and the need for responsive, business-minded legal advice.

Media Litigation, Defamation and Access Disputes

When it comes to media litigation, our experience includes libel, defamation, false light, privacy, right of publicity, copyright, trademark, access, Freedom of Information Act (FOIA), Open Meetings Act (OMA), subpoena, and other content-based claims. We represent clients in trial and appellate courts and regularly support media organizations and industry groups in matters involving important First Amendment principles, including amicus curiae advocacy. When disputes arise, our attorneys bring a strong record of defending media and content clients in high-stakes litigation while also helping clients manage risk before litigation becomes necessary.

FOIA, Open Meetings and Public Records Access

We also advise clients on access to government records and proceedings, including matters involving federal and state public records laws, state open meetings laws, including Michigan’s Open Meetings Act, courtroom access, public records, public body transparency, and related disputes. Our work helps journalists, broadcasters, publishers, advocacy organizations, businesses, and other clients obtain information needed to inform the public, protect rights, and advance business or institutional objectives.

Content Review and Pre-Publication Counseling

In the content review and pre-publication space, we help clients get to “yes” while understanding and managing legal risk. Our attorneys provide pre-publication and pre-broadcast review for stories, investigations, documentaries, advertising campaigns, branded content, social media posts, video content, live events, podcasts, and other creative projects. Our guidance addresses defamation, privacy, copyright, fair use, trademark, right of publicity, advertising substantiation, endorsements, and other publication risks. We regularly work under tight deadlines and understand that content decisions often must be made quickly, clearly, and with practical business judgment.

Entertainment, Production and Content Licensing

Our Team also supports entertainment, production, sports media, athlete branding, and digital content clients with talent agreements, production agreements, station relations, name, image, and likeness (NIL) agreements involving athletes and student athletes, sponsorship and endorsement arrangements, licensing, streaming rights, video-on-demand rights, royalty and publishing disputes, intellectual property protection, content licensing, and brand-related matters. We represent publishers and authors in publishing and royalty disputes and assist clients in protecting, commercializing, and enforcing their creative and intellectual property rights.

Intellectual Property, Copyright and Brand Protection

Butzel’s broader intellectual property capabilities further strengthen our work for media, entertainment, broadcast, publishing, technology, and creator clients. We help clients protect, manage, license, enforce, and defend copyrights, trademarks, brands, creative works, software, digital assets, and other intellectual property rights. This integrated approach allows us to address the full lifecycle of content—from creation, clearance, ownership, licensing, distribution, commercialization, and monetization to disputes involving infringement, fair use, royalties, brand protection, and unauthorized use.

Digital Media, Platforms and Creator Economy Counsel

As media and content distribution continue to evolve, we frequently advise digital businesses, startups, online platforms, and new media content creators on the legal issues that accompany modern publishing, audience engagement, digital commerce, and data-driven business models. Our attorneys counsel clients on platform user agreements, terms of use, privacy policies, international privacy protection, data protection, cybersecurity, Payment Card Industry (PCI) compliance, the Communications Decency Act (CDA), the Digital Millennium Copyright Act (DMCA), content moderation, online speech, advertising clearance, Federal Trade Commission (FTC) endorsement and influencer marketing issues, name, image, and likeness (NIL) considerations, sponsored content, website, app, and software development, branding, cybersquatting, and related digital media matters.

Artificial Intelligence, Synthetic Media and Emerging Content Risk

As artificial intelligence continues to reshape how content is created, searched, licensed, distributed, and monetized, media and digital content clients face new questions involving generative artificial intelligence (AI), deepfakes, synthetic media, copyright ownership, fair use, voice and likeness rights, defamation risk, misinformation, platform accountability, data use, privacy, and brand safety. We’re experienced in helping our clients navigate these developing issues while balancing innovation, audience engagement, legal risk, and the need to protect trusted content in an increasingly complex digital environment.

Our clients are diverse and sophisticated, operating online, offline, and across local, regional, national, and global markets. From established broadcast and publishing organizations to emerging creators and technology-driven businesses, Butzel provides the integrated legal support needed to create, publish, protect, distribute, defend, and monetize content in a rapidly changing media environment.

Butzel’s Services and Capabilities

• Media and First Amendment Litigation
• Defamation, Libel, False Light, Privacy, and Right of Publicity
• Access, FOIA, and OMA
• Newsgathering, Subpoena, Retraction, and Newsroom Counseling
• Content Review and Pre-Publication/Pre-Broadcast Vetting
• Entertainment, Production, Talent, and Licensing Agreements
• Name, Image, and Likeness (NIL), Athlete Branding, Sponsorships, Endorsements, and Sports Media Content
• Publishing, Royalty, Copyright, Trademark, and Fair Use Matters
• Advertising, Marketing, Promotions, Claim Substantiation, and Endorsements
• Digital Media, Social Media, Influencer, Creator, Blogger, Platform, and AI-Enabled Content Counseling
• Artificial Intelligence, Synthetic Media, Deepfakes, Likeness Rights, and Emerging Content Technologies
• Privacy, Data Protection, Terms of Use, User Agreements, and Online Content Risk
• Amicus Curiae Advocacy and Appellate Media Law Matters

The Media, Entertainment, and Digital Content Law Specialty Team helps clients navigate the legal, regulatory, and practical issues shaping today’s media and digital content environment. Our attorneys are frequently sought to provide commentary and presentations for local and national radio, television, and media-related organizations on issues affecting broadcasters, publishers, creators, platforms, and digital businesses.

We live out our Mission every day by providing excellent service to help clients achieve their goals and solve their problems. Ask us about special options that may be available for startups and emerging content clients, including customized bundled services and a range of alternative fee arrangements.

Client Alerts

News

Obtained dismissal of defamation, false light, and intentional infliction of emotional distress claims on interlocutory appeal after trial court denial of summary judgment; Levitt v. Morning Sun, No. 330946 (Mich. App. May 16, 2017) (unpublished)

Obtained trial court dismissal with prejudice of defamation, intentional infliction of emotional distress, and related claims under Section 230 of the Communications Decency Act; Doe v. Cox Communications, No. 17-108537-CZ (Genesee County Circuit Court 2017)

Obtained dismissal of defamation lawsuit prior to start of discovery; McAllister v. Oakland Press, No. 17-157375-CZ (Oakland County Circuit Court 2017)

Acting as local counsel, assisted in successfully obtaining dismissal of libelous and business interference claims against the New York Post on jurisdictional grounds; Huizenga v. Gwynn, 225 F. Supp. 3d 647 (E.D. Mich. 2016)

Preserved trial court dismissal of defamation and tortious interference lawsuit; Nakash v. Hamtramck Review, No. 326152 (Mich. App. Mar. 15, 2016) (unpublished)

Secured dismissal of a criminal action against a photographer filed in connection with photographs of an airplane crash site; People v. Leist, No. 14-049-FY (Mich. Dist. Ct.)

Obtained dismissal of defamation lawsuit; Gary v. Discovery Communications, No. 12-10521 (E.D. Mich. Feb. 28, 2013)

Successfully obtained dismissal of defamation/privacy claims against defendant broadcasters; Shumake v. WJBK (2011)

Obtained dismissal in libel/fair report privilege matter; McIntosh v. The Detroit News, 2009 Mich. App. LEXIS 128; 37 Media L. Rep. 1193 (2009) (unpublished)

Obtained reversal of trial court’s imposition of default judgment in excess of $20M against client; International Sports Marketing v. Saatchi & Saatchi North America, Inc., 2002 Mich. App. LEXIS 1877, December 3, 2002

Represented plaintiff in series of commercial disputes, successfully obtaining partial summary disposition and injunctive relief; Olympia Entertainment Inc. v. Brass Ring Productions, 467 Mich. 855 (2002); 2002 Mich. App. LEXIS 621

Represented client in reporter’s privilege dispute arising out of publication of book on the Daimler/Chrysler merger; In re DaimlerChrysler AG Sec. Litig., 216 F.R.D. 395, 2003 U.S. Dist. LEXIS 15145 (E.D. Mich. 2003)

Represented client in reporter’s privilege matter arising out of riots at Michigan State University following National Collegiate Athletic Association (NCAA) “March Madness” game; People v. Pastor (In re March 1999 MSU Riots), 463 Mich. 378, 617 N.W.2d 310, 2000 Mich. LEXIS 1493, 28 Media L. Rep. (BNA) 2398 (2000)

Represented defendants and ultimately obtained jury verdict of no-cause after multi-week trial; Pesta v. CBS, Inc. (60 Minutes), 653 F. Supp. 350 (E.D. Mich. 1986); 686 F. Supp. 166 (E.D. Mich. 1988); 837 F.2d 1091 (6th Cir. 1988)

Submitted multiple amicus briefs in various courts on media issues for multiple clients, including media associations, newspapers, and broadcasters