Ellie L. Heisler

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, “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