FN-18847 MN-18847 LN-18847, Esq.
Attorney - Entertainment Law, Intellectual Property
Brooklyn, New York
Over 28 years of both transactional and ADR experience in the area of media production and distribution including international co-productions, public and broadcast television, independent film, web-based media projects and books, toys and games and clothing licensing.
Law Office of Laverne Y. Berry
Attorney - Entertainment Law, Intellectual Property
Sole Practitioner, 2002 – Present; Director of Legal and Business Affairs, A&E Television Networks, 1999 – 2002; Attorney, Sole Practitioner, 1996 – 1999; Summer Associate, Richards & O'Neill LLP, 1995; Summer Associate, Carter, Leonard & Milburn, 1994; Independent Producer, Aidsfilms, 1992 – 1993; Director of Program Distribution and Marketing, Thirteen/WNET-TV, 1988 – 1992; Associate Director of Product Marketing Research and Negotiation, Thirteen/WNET-TV, 1987 – 1988; Manager/Associate Manager, Contract and Subsidiary Rights – Avon Books, 1985 – 1987; Executive Producer, American Filmworks, 1981 – 1985; Director of Public Affairs, RKO General, 1979 – 1981; Producer, RKO General Affiliate/OR-TV, 1975 – 1979; Municipal Consultant, New York Commission on Cable Television, 1974 – 1975.
Over 28 years of experience in media production and distribution; intellectual property practice with 70 percent copyright licensing matters, 25 percent trademark licensing matters and five percent related client matters; more than 23 years experience as an attorney both in house and representing independents in media, legal and business affairs, particularly in the areas of intellectual property rights acquisition, including licensing and copyright transfer; counseling and drafting agreements for cable, broadcast and public television, web digital, satellite radio, clothing, toys and games, calendars, books, magazines, art design, and music; negotiation and implementation of program sales agreements (both domestic and foreign); and negotiation and design of long term distribution plans and agreements involving broadcast, cable, streaming, and new media companies (both domestic and foreign); production service agreements for all film and television areas including both above and below the line; performance agreements for individuals and groups, as well as space, sponsorship, non-profit and sweepstakes agreements. Experience with interpretation of union agreements for the United States, Canada, and the United Kingdom unions and guilds. Experience with television production related joint venture and tax issues.
Has conducted mediations since 1995 with initial work in both the Brooklyn and Manhattan Court Mediation programs - additionally, conducting a few meditations as part of the Civilian Complaint Review Board. Since joining the AAA panel, mediations have revolved around media licensing disputes, co-production, multi-media disputes, royalty and reversion of rights disputes.
Outside of the AAA panel, disputes have mostly revolved around media production and distribution disputes. As a former TV producer and head of a television distribution department, this area is a specialty. Therefore, all recent mediations are media-based mediations. They also include production funding disputes, role responsibility and credit disputes. Typical parties are producer/director; financier/producer; or producer/distributor.
Outside of the AAA panel, disputes have mostly revolved around media production and distribution disputes. As a former TV producer and head of a television distribution department, this area is a specialty. Therefore, all recent mediations are media-based mediations. They also include production funding disputes, role responsibility and credit disputes. Typical parties are producer/director; financier/producer; or producer/distributor.
A typical mediated dispute was one in which a producer and a director were in conflict over which version of a film was going to screen at various film festivals, and which media extras were going to be included in VOD and DVD distribution. These issues were resolved.
Another typical mediated dispute resolved issues of Final Cut authority.
A third mediated dispute involved issues of compensation to an Executive Producer of a film project.
A non-media business mediation involved settlement and a payment plan for past-due invoices.
Another typical mediated dispute resolved issues of Final Cut authority.
A third mediated dispute involved issues of compensation to an Executive Producer of a film project.
A non-media business mediation involved settlement and a payment plan for past-due invoices.
I work in the media field, where there are a plethora of collaborative relationships, which lends itself to mediation. On a typical film production, for example, there may be between 70-100 individuals lending their expertise. In most cases, contracts delineate how parties are to work together, but in some cases, contracts either don't provide for all contingencies or don't provide for changing circumstances. In a situation like that, if disputes arise, mediation is the best alternative. Although this mediator works as an arbitrator in the same media field, arbitration is a process of contact, but mediation is different and is often a process of clarification and agreement. In this area of entertainment contract, IP protection and distribution area, parties often have to work with each other again and are preserving relationships while solving conflicts is a great strength of mediation. The process of the initial mediation is determined by the size, the parties and the relationships. At minimum, there will be a pre-mediation call. Some larger mediations might benefit from briefs in advance of the mediation, but some may not. In all cases, the goal is to settle all claims and disputes but limiting the amount or scope of claims before arbitration has been the goal of a number of past mediations.
Comfortable providing services remotely via Zoom and other virtual platforms with caucus rooms and shared slides and other media as necessary.
Benjamin N. Cardozo School of Law (JD-1996); Syracuse University (MS, Communications-1974); Mount Holyoke College (AB-1971).
Admitted to the Bar: New York (1996).
New York City Bar Association, ADR Committee; Arbitration Committee and two-time member of the Entertainment Law Committee. New York Women in Film and Television, former Board President, current Advisory Board Member. Maysles Documentary Center, Board Member.
Speaker: "Drafting and Arbitration Agreement in 2023: Practical Lessons," Practicing Law Institute, September 19, 2023; Speaker: "Drafting an Arbitration Agreement in 2023: Beyond Basics, Reflecting Current Trends and Events: the Corporate Lawyer's Perspective," Practicing Law Institute, August 7, 2023; Speaker: “Modes of Making: Production for Documentary,” UNIONDOCS, Center for Documentary Art" April 22nd- April 24th, 2022; "Intellectual Property Disputes," AAA-ICDR Dispute Resolution Center, April 6, 2022: Speaker: “EASL Annual Meeting Entertainment Panel- Dispute Resolution in the Entertainment Industry in the Time of Corona Virus and Beyond, The New York State Bar Association, January 19, 2021; For a more complete list, please see https://berryentertainmentlaw.com/speaking/
New York City area and with sufficient notice Boston, MA.
$450 Per Hour
English
United States of America
Brooklyn, NY
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
