Your Legal Resource for the Protection and Use of Media Content
The Law Offices of Jennifer A. Klear specialize in entertainment and media law, offering expert legal services to clients navigating the complex world of the entertainment and media industries. With a keen understanding of the unique challenges faced by artists, journalists, producers, content creators, and media companies, this law firm provides tailored advice and representation to ensure their clients’ rights and interests are protected. Whether dealing with contract negotiations, intellectual property issues, defamation, privacy, or media rights, Jennifer A. Klear is dedicated to offering professional and reliable legal support.
PRACTICE AREAS
Defamation & Privacy
Media & First Amendment
Commercial Speech & Advertising
Government Regulation of Content
Misappropriation & Right of Publicity
Pre-Publication & Pre-Broadcast Review
Prior Restraints
Theft of Ideas
Intellectual Property
Copyright Litigation and Counseling – protecting your copyrights as well as counseling regarding the use of others’ copyrighted materials
Trademark Litigation and Counseling – protecting your trademarks as well as counseling regarding the use of others’ trademarks
Licensing
Fair Use Review
Entertainment & Transactional
Production Service Agreements
Development Deals
Materials Releases
Location Agreements
Appearance Releases and AFTRA Talent Agreements
Option Agreements
Author Collaboration Agreements
Advertising and Marketing Ad Copy Review
Social Media Influencer Deals
“Work for Hire” Agreements
Website Terms of Use
Bio & Experience
Jennifer A. Klear specializes in media and entertainment counseling and transactions with expertise in pre-broadcast and pre-publication review, licensing, trademark, copyright, development agreements, rights of privacy and publicity, and libel. Jennifer has over 20 years’ experience representing television productions companies, publishers, authors, journalists, start-up companies and other content creators. Prior to founding her solo-practice, Ms. Klear worked for seven years as a Litigation Associate at Drinker Biddle & Reath LLP followed by two and a half years in the Business and Commercial Litigation department of Gibbons P.C.
MEDIA & FIRST AMENDMENT
Ms. Klear has counseled production companies, broadcasters, journalists, newspapers, and online companies on pre- broadcast pre-publication review, defamation and free speech matters in print, Internet, and broadcast. Her experiences include assertions of First Amendment privileges and cases involving student speech, political speech, and reasonable time, place, and manner restrictions. Some specific highlights include:
Assisted former Third Circuit Court of Appeals Judge in preparing a national broadcasting company’s appellate counsel for oral argument on an appeal of a Federal Communications Commission decision imposing fines for an alleged indecent broadcast.
Successfully litigated negligent broadcast case on behalf of national broadcast company with an online presence.
Won appeal before the New Jersey Supreme Court on behalf of the American Civil Liberties Union of New Jersey asserting a state constitutional and common law right to videotape public town council meetings.
Negotiated retraction of defamatory statements published in an online news publication about an international lawyer representing a foreign dignitary.
Successfully advocated the right of an elementary school student to sing a religious song at an after school sponsored talent show in a winning amicus curiae brief adopted by the U.S. District Court of New Jersey.
INTELLECTUAL PROPERTY
Jennifer has counseled clients on the protection and enforcement of their copyright and trademark rights, as well as use of third-party content. She frequently files trademark applications and maintenance on behalf of clients and has litigated several trademark and patent infringement cases in federal court. Some of her noteworthy representations include:
Advised Fortune 500 companies on the legal risks associated with creating blogs and podcasts, as well as social networking by addressing privacy concerns and the scope of protection afforded by the Communications Decency Act, the Digital Millennium Copyright Act, and relevant employment laws.
Successfully protected client’s portfolio of trademarks through arbitration of domain name and trademark disputes under the Uniform Domain Name Dispute Resolution Policy.
Counsel online marketing company and gaming magazine regarding copyright, trademark, advertising, and marketing issues.
ENTERTAINMENT & TRANSACTIONAL
Jennifer’s broad experiences include reviewing and negotiation of industry-specific agreements and settlement agreements on behalf of a television production companies, online magazine, authors, music artist management company, telecommunications companies, technology companies, and various U.S., foreign and multi-national corporations. Specifically, she has:
Drafted and negotiated numerous settlement agreements resolving intellectual property and commercial litigations.
Drafted above the line and below the line documents for television production company, including development agreement, talent agreements (AFTRA and non-AFTRA), releases and licenses.
Drafted and reviewed co-author collaboration agreements and option purchase agreements.
Reviewed various licensing and distribution agreements for the resale of music internationally, as well as management agreements with musicians.
Reviewed service, consulting, and volume-based contracts involving web-hosting and telecommunications services.
EDUCATION
Rutgers University School of Law (J.D., 2000)
Lead State Constitutional Law Editor, Rutgers Law Journal
Emory University (B.A., 1997)
PROFESSIONAL ADMISSIONS
State of New York State of New Jersey United States District Court for the Southern District of New York United States District Court for the Eastern District of New York United States District Court for the District of New Jersey
PROFESSIONAL ACTIVITIES
Co-Chair, New York County Lawyers Association, Entertainment and Media Law Subcommittee of the EMIPS (Entertainment, Intellectual Property & Sports Law) Committee Member, New York City Bar (Communications & Media Law Committee) Pro Bono Volunteer, The American Civil Liberties Union of New Jersey Board member, Highbridge Community Life Center Legal Networking Chair, Emory University Alumni Association, New York City Chapter
HONORS & AWARDS
Outstanding Volunteer of the Year, Volunteer Lawyers for Justice, 2003
JUDICIAL CLERKSHIPS
Law clerk to the Honorable Richard Newman, Senior Judge, Superior Court of New Jersey, Appellate Division
Judicial Intern to the Honorable Joseph H. Rodriguez, United States District Court for the District of New Jersey
PRESS
PUBLICATIONS
“Third Circuit Affirms Dismissal of Case Involving Google’s Street View Service, but Reinstates Trespass Claim” MLRC MediaLawLetter, February 2010.
“First Amendment Challenge to Restaurant Chain Calorie Disclosure Law Rejected,” MLRC MediaLawLetter, March 2009
“Protecting Employers from Negative Employee Blogs,” New Jersey Business, February 2007
“Avoiding the Legal Risks of Hosting a Blog,” The Antenna, November 2006
“Comparison of the Federal Court’s and the New Jersey Supreme Court’s Treatment of Free Speech on Private Property: Where Won’t We Have the Right to Speak Next?,” Rutgers Law Journal, 2002
“State Constitutional Law and Education: Abbott v. Burke,” Rutgers Law Journal, January 1, 1999
QUOTES/INTERVIEWS
Interviewed in “The Legal Pitfalls of Blogging,” The Slippery Slope: A Legal Variety Podcast, December 19, 2008
SPEAKING ENGAGEMENTS
Moderator, Developing a Comprehensive and Legally Sound Social Media Policy, sponsored by Virtual LegalTech, March 18, 2010.
Speaker, Connecting the Dots: Social Media & Networking, sponsored by Society for Marketing Professional Services – New Jersey, February 4, 2010.
Panelist, The Gibbons Women’s Initiative, “Developing Your Approach to Personal Branding,” Newark, NJ. June 9, 2009
Panelist, “Privacy Rights in Relation to the Internet” sponsored by New York Law School’s Media Entertainment Sports Law Association, October 2008
Speaker, “The Pitfalls of Hosting a Blog or Podcast and How to Avoid Them,” Philly PodCamp, September 2008
