Ellie L. Heisler - Entertainment and intellectual Property lawyer - Nixon Peabody LLP

Ellie L. Heisler



Ellie Heisler, Entertainment group lead, provides advice to individuals and companies around the world on brand building, licensing, intellectual property protection, and operations. Ellie works with traditional entertainment clients on their entertainment career and on diversifying their revenue streams. She is well versed in FTC advertising regulations and is regularly invited to speak on the topic and train in-house counsel and marketing executives. Additionally, as an entrepreneur in the food space, Ellie is uniquely positioned to provide business guidance and cost-effective strategies for protecting and growing clients’ businesses while mitigating liability as they elevate their visibility.

What do you focus on?

Applying my 360-degree view of the industry, I advise clients on how to effectively navigate and monetize entertainment, brand, and consumer product industries.

Consumer Products & Brand

I focus on intellectual property and celebrity-driven joint ventures, licensing and collaboration agreements for individuals (i.e., content creators, influencers, actors, musicians, athletes, celebrities), and brand clients in many different categories, including beauty, fragrance, skincare, haircare, apparel, footwear, accessories, food, beverage, supplement, CBD, and toys. I also advise clients on brand building and intellectual property rights protection and provide strategies for dealing with intellectual property infringement and fair use issues.

Content Creators & Endorsements

I handle all aspects of a content creator’s career across multiple different platforms including YouTube, Instagram, and TikTok, not only brand and endorsement agreements, but also their corporate, tax, employment, trademark, litigation, real estate, and estate planning legal needs. I work closely with my clients and their team to help them realize and protect their value through creative and strategic deal making and negotiation.

Management Companies & Advertising Agencies

I also serve as outside counsel to management companies, advertising agencies, and brands that represent or engage content creators for various services.

Traditional Entertainment

I negotiate agreements on behalf of on-camera talent, producers, writers, and directors for unscripted and scripted television series. I also have experience in negotiating production services agreements, option agreements, and handling production legal for unscripted and scripted television, documentary, and feature projects. In working closely with clients to figure out their short- and long-term objectives, I assist them in creating the right team and associations by engaging an agent, manager, consultant, business manager, and guild membership. I also help these clients secure rights to a property or content they will need to own or control in order to bring their goals to life.

What do you see on the horizon?

Increased independence and ownership of one’s brand and career. 2020 taught us that it’s imperative to be in the driver’s seat for content and product creation and visibility, rather than reliant on third-party financing and audience.

Representative Experience

Ellie’s extensive experience across the entertainment industry includes representing:

  • Consumer brands in connection with brand protection and brand building, including protecting and enforcing trademarks and copyrights, as well as negotiating collaboration agreements and global licensing deals with celebrity talent, athletes, and social media influencers.
  • Social media personalities, including some of the most-followed and highest-earning content creators on YouTube, TikTok, and Instagram, in connection with protecting and monetizing their intellectual property. This includes: negotiating brand, endorsement, and licensing agreements; joint ventures; navigating exclusivity issues; providing guidance on FTC advertising regulatory compliance; and negotiating manufacturing and distribution agreements for new product line launches.
  • Intellectual property rights owners with respect to NFT minting, blockchain/cryptocurrency transactions, and various marketplace-related issues that arise.
  • Actors and models in negotiating endorsement and licensing agreements with consumer brands, joint ventures, manufacturing and distribution agreements for new product line launches, and negotiating publishing agreements and deals for television and film roles.
  • Professional athletes in negotiating a variety of agreements, including endorsement agreements, appearance agreements, and joint ventures and licensing agreements.
  • Award-winning advertising agencies on all aspects of their business including negotiating Master Services Agreements (MSA) and scope of work (SOW) with their clients, engaging third-party vendors, IP clearance, employment, and litigation matters.
  • TV and film producers, writers, and directors in negotiating production services agreements, option agreements, and handling production legal for unscripted and scripted television, documentary, and feature projects. 

Presentations

  • Speaker, “How Social Commerce Will Reshape the Creator Economy,” VidCon US 2022, Anaheim, CA, June 23, 2022
  • Speaker, “Business and Legal Considerations for Social Media Influencers and Advertisers in the Age of Social Distancing,” Nixon Peabody California MCLE Virtual Seminar, January 22, 2021
  • Speaker, “Legal Considerations for Influencers in the Age of Social Distancing,” EIA 2020 | Social Media Influencers, Webinar, October 9, 2020
  • Panelist,  “The Shifting Power of Influencers in the Age of Social Distancing,” 44th Annual UCLA Entertainment Symposium, Webinar, August 12, 2020 
  • Speaker, “Cause-Marketing + Influencer Engagement,” It Gets Better Global Summit, New York, NY, June 28, 2019
  • Speaker, “The New Celebrity: Navigating the Changing Advertising Landscape on Social Media,” Nixon Peabody MCLE Marathon, Los Angeles, January 17, 2019
  • Speaker, “Case Study—Social Influencers: What Every Food & Beverage Counsel Needs to Know About Working with Social Influencers,” Food & Beverage Exchange, Chicago, IL, October 16–17, 2018
  • Featured speaker at the welcome reception for the incoming class of 2021, Loyola Law School, Los Angeles, August 14, 2018
  • Panelist, “Leveraging Your Network: How to Build a Book of Business,” Women Lawyers Association of Los Angeles Young Lawyers Section, Los Angeles, May 16, 2018
  • Speaker, “How social media influencers partner with retailers to sell their goods, and the cost-benefit analysis from both sides,” LAEDC Future Forum, Santa Monica, May 2, 2018
  • Speaker, “Legal issues facing YouTube content creators,” SelfMADE, Provo, April 20, 2018
  • Panelist, “Who will be the Michael Jordan of Esports? Building the Next Generation of Brand Influencers,” Nixon Peabody & XLIVE Reception Series, Los Angeles, March 7, 2018
  • Speaker, “The Evolution of Endorsement Deals,” Nixon Peabody Annual MCLE Seminar, Los Angeles, January 2018
  • Panelist, “New Media: New Frontiers in Asia Technology and IP Investment,” IBA’s Investing in Asia Conference, New York, December 8, 2017
  • Speaker, “#Sponsored,” AdvertisingWeek, New York, September 25, 2017
  • Panelist, “Runway Ready: Fashion Law Fundamentals,” American Bar Association, Los Angeles, February 9, 2016
  • Speaker, “Multi-platform Distribution: Technology in Entertainment,” Nixon Peabody MCLE, Los Angeles, January 21, 2016
  • Speaker, “Fashion Tech: The law of fashion in a digital marketplace,” Nixon Peabody MCLE, Los Angeles, January 21, 2015

Classes Taught

  • Celebrity licensing class, Fashion Law Summer Intensive, Loyola Law School, Summer 2016
  • Best practices in negotiating and drafting fashion licensing agreements, INTA lead table topic, May 2016
  • Negotiations class, Contract Law, USC, Winter 2015
  • Licensing classes, Fashion Law, Loyola Law School, Fall 2015
  • Celebrity licensing class, Fashion Law Summer Intensive, Loyola Law School, Summer 2015
  • Best practices in negotiating and drafting licensing agreements, INTA lead table topic, May 2015
  • Licensing class, Fashion Law, Loyola Law School, Fall 2014
  • Celebrity licensing class, Fashion Law Summer Intensive, Loyola Law School, Summer 2014

Variety's Legal Impact Report 2022: Top attorneys winning cases and making deals in Hollywood

Variety | April 20, 2022

This report, featuring the top entertainment attorneys making a significant impact on the industry, includes Los Angeles Corporate partner and Entertainment team leader Ellie Heisler. The article highlights Ellie’s representation of top-earning content creators, athletes, and others, as well as her strong background in licensing.

Mitchell returns to Nixon Peabody

HITS Daily Double | April 01, 2022

This article covers Los Angeles Corporate partner Carron Mitchell’s return to NP as a member of the Entertainment team, detailing her practice and community involvement. The article includes quotes from Los Angeles Office Managing Partner Sonia Nayak and Entertainment team leader Ellie Heisler on the unique background that Carron brings to the firm.

Power Lawyers 2022: Hollywood's top 100 attorneys

The Hollywood Reporter | March 30, 2022

Los Angeles Corporate partner and Entertainment team leader Ellie Heisler is featured for being named one of the top 100 attorneys in the entertainment industry, discussing a handful of her impactful matters from this past year that include advising actress and influencer Emily Ratajkowski in the sale of an NFT at Christie’s and advising TikTok star Addison Rae in her transition to film projects with top studios.

Addison Rae signs on to Fashionista at Paramount Players

Deadline | February 22, 2022

This article on Addison Rae signing on to her next big studio film, Paramount Players’ “Fashionista,” mentions NP for representing the top influencer and entertainer. Los Angeles Corporate partner and Entertainment practice leader Ellie Heisler represented Rae on this matter.

Non-fungible tokens (NFTs): Are they a way for celebrities to reclaim their image?

Corporate Counsel | December 08, 2021

Los Angeles Corporate partner and Entertainment team leader Ellie Heisler is quoted in this article about IP considerations related to non-fungible tokens (NFTs), and how these digital assets can facilitate creators to have a greater stake and consideration in the use of their name, image, and likeness. The story uses the example of NP client Emily Ratajkowski to illustrate how a public figure can utilize NFTs to help reclaim and/or monetize their own image.

TikTok star Addison Rae signs multiple picture deal with Netflix

The Wrap | September 08, 2021

The following articles cover TikTok sensation Addison Rae’s multi-picture deal with Netflix. In addition to acting in upcoming films for the streamer, Rae will serve as executive producer on the projects she appears in. NP is mentioned for representing Rae, with the NP team led by Los Angeles Corporate partner and Entertainment team leader Ellie Heisler. Ellie also represented Rae in the recent deal for the top influencer to make her acting debut in Netflix’s “He’s All That”.

TikTok Star Addison Rae signs film deal with Netflix

Variety | September 08, 2021

The following article covers TikTok sensation Addison Rae’s multi-picture deal with Netflix. In addition to acting in upcoming films for the streamer, Rae will serve as executive producer on the projects she appears in. NP is mentioned for representing Rae, with the NP team led by Los Angeles Corporate partner and Entertainment team leader Ellie Heisler. Ellie also represented Rae in the recent deal for the top influencer to make her acting debut in Netflix’s “He’s All That”.

Brand Battles: Instagram empires fight over 'meme' game trademark

Law360 | May 21, 2021

This roundup of recent actions at the Trademark Trial and Appeal Board mentions the firm for the work of Chicago Intellectual Property partner Elizabeth Baio and Los Angeles Corporate partner Ellie Heisler for representing game maker Doing Things Media LLC in its trademark dispute with What Do You Meme LLC.

The 13 leading attorneys and law firms that work with digital creators and influencers

Business Insider | May 12, 2021

This article on the top attorneys and law firms representing digital influencers features Los Angeles Corporate partner Ellie Heisler, including how she got her start in the space and how her practice has grown. Los Angeles Corporate associate Christina Chang is mentioned for being Ellie’s “ right hand”.

Social media influencers take over Las Vegas content house

Las Vegas Review-Journal | April 10, 2021

This article examining the emergence of influencer content houses run by Clubhouse Media quotes Los Angeles Corporate partner Ellie Heisler on how organic and authentic content featuring multiple influencers can help drive brand deals.

Ratajkowski Says Instagram Copyright Suit Aimed to 'Extort'

Law360 | October 29, 2020

This article, examining the latest developments in a copyright lawsuit involving a paparazzi photo of actress and model Emily Ratajkowski, mentions New York Complex Commercial Disputes partner Dan Schnapp and Los Angeles Corporate partner Ellie Heisler for representing Ratajkowski in this matter.

Celebrities Keep Getting Sued Over Instagrams of Themselves

Law360 | September 17, 2020

This article, covering the dilemma of celebrities being sued for posting images of themselves to social media, references a copyright lawsuit involving a paparazzi photo of actress and model Emily Ratajkowski. New York Complex Commercial Disputes partner Dan Schnapp and Los Angeles Corporate partner Ellie Heisler are representing Ratajkowski in this matter.

Addison Rae Heads to Hollywood with Starring Role in "She's All That" Remake

Tubefilter | September 11, 2020

The following article announces the film debut of TikTok star Addison Rae Easterling in the upcoming “He’s All That,” a remake of ‘90s teen comedy “She’s All That,” mention NP for representing the TikTok star. Los Angeles Corporate partner Ellie Heisler leads Easterling’s NP team and represented her on this deal.

TikTok Star Addison Rae Joins "She's All That" Remake

The Wrap | September 11, 2020

The following article announces the film debut of TikTok star Addison Rae Easterling in the upcoming “He’s All That,” a remake of ‘90s teen comedy “She’s All That,” mention NP for representing the TikTok star. Los Angeles Corporate partner Ellie Heisler leads Easterling’s NP team and represented her on this deal.

TikTok Star Addison Rae Cast in "She's All That" Remake

Variety | September 11, 2020

The following article announces the film debut of TikTok star Addison Rae Easterling in the upcoming “He’s All That,” a remake of ‘90s teen comedy “She’s All That,” mention NP for representing the TikTok star. Los Angeles Corporate partner Ellie Heisler leads Easterling’s NP team and represented her on this deal.

WME Signs 6-Year-Old Vlogger Anastasia Radzinskaia (Exclusive)

The Hollywood Reporter | February 04, 2020

This article about leading entertainment and media agency WME signing vlogger Anastasia Radzinskaia notes Los Angeles Corporate partner Ellie Heisler as one of the attorneys representing the six-year-old YouTube star.

Women execs warm to men’s watches

Los Angeles Business Journal | November 15, 2019

This story on the emerging trend of women professionals wearing watches historically marketed to men quotes Los Angeles Corporate partner Ellie Heisler (Altshuler), who talks about timepieces as a symbol of success in corporate environments.

Instagram influencers are selling their lips

OneZero | September 12, 2019

This article features Los Angeles Corporate partner Ellie Altshuler’s analysis of Federal Trade Commission rules designed to regulate the booming “influencer economy,” in which Instagram personalities pitch products such as lip fillers, sometimes without disclosing their relationship to the company.

Artists vs. influencers: Why That Street Art Selfie Could Get You Sued

The Hollywood Reporter | August 06, 2019

This article quotes Los Angeles Corporate partner Ellie Altshuler on why social media influencers could become the next crop of celebrities to face copyright infringement claims from street artists whose work appears on their social channels.

Contact

Ellie L. Heisler

Partner, Team leader, Entertainment

Los Angeles

Phone: 213-629-6097


Fax: 844-868-4013

Loyola Law School, Los Angeles, J.D.

University of California, Los Angeles, B.A.

California

Russian

  • Named one of the entertainment industry’s top 100 attorneys by Hollywood Reporter’s “Power Lawyers List” in 2022
  • Recognized as “Up & Coming” in Chambers USA: America’s Leading Lawyers for Business 2022 for Media & Entertainment: Transactional: Mainly Talent (California)
  • Recognized as 1 of 13 leading attorneys for digital creators by Business Insider in 2021
  • Recognized as a top entertainment attorney by Variety’s Legal Impact Report in 2019
  • Recognized as one of California’s top 40 attorneys under 40 by the Daily Journal in 2018
  • Women’s Leadership Network, Executive Council Member
  • Loyola Law School Entertainment Fellow, Mentor
  • American Bar Association, Member
  • Beverly Hills Bar Association, Member
  • Los Angeles County Bar Association, Member
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