Legal Challenges in Creative Expression, Branding, and Modern Entertainment Experiences

Tamera H. Bennett, Partner | Harper & Bates LLP

Tamera H. Bennett is a trusted guide for clients navigating intellectual property, content licensing, and rights of publicity — especially in the music and entertainment industries. In 2025, she joined Harper & Bates LLP as a partner after 23 years leading her solo practice. A recognized voice in the legal and creative communities, Tamera regularly speaks on copyright, AI, and music related estate issues and co-hosts the long-running Entertainment Law Update Podcast. Tamera is known for collaborating with fellow attorneys on complex copyright and music law issues. She brings deep subject-matter expertise, client care, and a strong reputation for responsiveness and clarity. You can learn more about Tamera by visiting harperbates.com and createprotect.com.

• Legal Focus
  • Protection and monetization for song and sound recording copyrights/Music estates
  • Trademark prosecution & brand protection
  • Music & content licensing
• Professional Experience
  • Partner, Harper & Bates LLP, Dallas, TX. January 2025 to present.
  • President and Owner, Bennett Law Office, PC, Lewisville, TX. July 2001 – December 2024.
  • Volunteer Mediator, Denton County Alternative Dispute Resolution, Denton, TX. 2014 – 2018.
  • Associate Attorney, Decker Jones, PC, Fort Worth, TX. August 1998 to June 2001
• Honors & Awards
  • 2020 AICPA Forensic and Valuation Services (FVS) Standing Ovation Recognition
  • 2020 NYSSCPA Forty Under Forty Award
• Credentials & Leadership
  • Admitted to practice: Texas (1998), Tennessee (2006).
  • Education:
    • J.D., Texas Wesleyan University School of Law (now Texas A&M University School of Law) (1998).
    • B.S., Recording Industry Studies, Middle Tennessee State University (1989)
  • Leadership & recognition:
    • Board of Governors, Recording Academy (Texas Chapter), four terms.
    • Past Chair, State Bar of Texas Entertainment & Sports Law Section.
    • Former Adjunct Professor, Dallas Baptist University – Music Business
• Select Media & Speaking
  • Co-host, Entertainment Law Update Podcast (2008–present).
  • Panelist, AI & music creation, Fort Worth Music Festival (2024).
  • Speaker, protecting an artist’s legacy with Estate and IP succession planning (2006–2024).
  • Featured: BILLBOARD, TEXAS LAWYER, VARIETY, KRLD News Radio, Legal Talk Network.
• Representative Engagements
  • Counsel to Grammy, CMA, and ACM award-winning artists, songwriters, and music estates.
  • Legal advisor for established businesses on content licensing, trademark, and brand protection.
  • Advising clients and negotiating licenses for new and pre-existing songs and sound recordings.

Wendy Heimann-Nunes, Managing Partner | Nolan Heimann LLP

Wendy Heimann-Nunes is Co-Managing Partner at Nolan Heimann LLP and a strategic advisor to companies shaping the future of media, entertainment, and experiential engagement. Her work sits at the intersection of intellectual property, storytelling, and commerce, where she helps clients transform creative assets into sustainable business platforms through licensing, strategic partnerships, and innovative deal structures.

Wendy has deep experience advising clients in location-based entertainment (LBE), themed entertainment, immersive experiences, branded attractions, and experiential marketing environments. She collaborates with creators, operators, investors, developers, and IP owners to architect agreements addressing ownership frameworks, monetization strategies, risk allocation, and stakeholder alignment. Her practice regularly touches on licensing, IP commercialization, media and entertainment transactions, brand extensions, and emerging experience-driven business models.

She serves on the International Board of the Themed Entertainment Association (TEA) and as a Council Member of the World Experience Organization (WXO), contributing to global leadership and dialogue around innovation, storytelling, audience engagement, and the evolving role of intellectual property in experiential industries.

A frequent speaker and contributor on licensing strategy and experiential industry development, Wendy is committed to advancing conversations around how legal frameworks enable innovation, growth, and sustainable creative ecosystems.

She is admitted to practice in California and Illinois and earned her J.D. from the University of Chicago Law School and her undergraduate degree from Northwestern University.

• Education & Credentials
  • University of Chicago Law School, J.D.
  • Northwestern University, B.S., Communications
  • City of London Polytechnic, Television and Film
• Client Roster
  • Intellectual property licensors & licenses
  • Developers
  • Owners & operators
  • Specialized industry service providers
  • Technology developers
  • Designers & storytellers
• Bar Admissions
  • California
  • Illinois
• Representative Matters
  • Negotiated license agreement on behalf of multi-billion-dollar international developer for first 20th Century Fox Studios theme park in the world
  • Provides ongoing counsel to Fortune 100 company for its gaming division brand expansion into location-based entertainment
  • Provides ongoing counsel to the largest theme park in South America on various entertainment and intellectual property matters
  • Led the landmark Chicago Theatre in structuring and negotiating long-term theatrical lease with Walt Disney Theatricals, including securing multi-million-dollar capital improvement commitment

Heather VanDyke, Principal Attorney | Javelina Legal

Heather is the founder and principal attorney at Javelina Legal, focusing on live/experiential events, entertainment/music related transactions, content licensing, copyright, trademark, outside GC services and more. Heather started solo practice after nearly 7 years as General Counsel of South by Southwest (SXSW) where she was responsible for all legal matters, including intellectual property protection and enforcement, licensing, contracts, insurance, managing litigation, and privacy. Prior to joining SXSW, Heather worked at an entertainment and IP boutique law firm in Chicago, Illinois. Before becoming an attorney, Heather was a professional modern dancer on the off-off (off) Broadway stages in NYC. Heather lives in Austin, TX with her husband, daughter and corgi.

• Core Areas of Focus
  • Live events/experiential
  • Content licensing & distribution
  • Artist & talent agreements
  • Sponsorships & brand deals
  • Music clearances
  • Complex entertainment transactions
  • Marketing / Promotions
  • Copyright & trademark rights
  • Special projects
  • Legal operations oversight
  • General strategic advice
  • Fractional General Counsel services
• Education
  • New York University, Tisch School of the Arts (BFA Dance, Politics 2005)
  • Loyola University School of Law (JD 2010)
• Admissions
  • Illinois State Bar
  • Texas State Bar

Chris Castle, Founding Partner | Christian Castle Attorneys

Chris founded the firm in Los Angeles in 2005 and moved the firm to Austin in 2011. He works on a variety of transactional matters in the nexus of music, technology and policy. (See “What We Do”). He is admitted to the bar in California and Texas, the bar of the United States Court of Appeals for the Fifth Circuit and is a Fellow of the Texas Bar Foundation.

Chris represented songwriter clients against “frozen mechanicals” in the Copyright Royalty Board’s Phonorecords IV (Subpart B) proceeding in 2022. The Subpart B proceeding resulted in an increase of the statutory mechanical royalty rate from the 2006 rate of 9.1¢ approved by the majors but rejected by the Copyright Royalty Judges to a 12¢ with a cost-of-living adjustment over the 5-year rate period starting in 2023.

Chris authored the 2025 Firth Circuit amicus brief of Artist Rights Institute, Blake Morgan, Abby North and Angela Rose White in the landmark copyright case of Vetter v. Resnik available here, the Institute’s submission for the US AI Action Plan available here and its submission in the UK IPO Office AI consultation available here. His co-authored U.S. Supreme Court amicus brief in Google v Oracle is available here. His public policy study on “streaming remuneration” for musicians commissioned by the World Intellectual Property Organization is available here. His comment to the UK Parliament’s House of Commons Digital, Culture, Media & Sport Committee’s Inquiry into the Economics of Music Streaming is available here (cited in the Committee’s Report available here). His law journal article “Ticket Resellers Campaign in Georgia Raises Resale Royalties, Securities Law Issues” is available on Law.com.

Chris is a frequent speaker at professional conferences and was the director of the Texas Entertainment Law Institute. He has testified against speculative ticketing at the Pennsylvania House of Representatives and on artist rights issues at the UK Parliament. Chris briefed the National Association of Attorneys General about brand sponsored piracy and has spoken at Congressional seminars.

Chris lectures at law schools and business schools in the US and Canada on music-tech issues and artist rights including American University, University of Georgia Terry College of Business, Osgoode Hall, UCLA Herb Alpert School of Music, UCLA School of Law and Anderson Graduate School of Management, the University of Southern California Gould School of Law, the University of Texas Butler School of Music and the University of Texas School of Law CLE faculty.

Chris is a co-founder of the Artist Rights Symposium at the University of Georgia. He was the principal drafter of the Texas True Origin of Digital Goods Act in the 87th Texas Legislature (2021). Chris was the founding chair of the Austin-Toronto Music City Trade Alliance, a cooperative effort of the Austin and Toronto city councils to promote commercial music business trade between the U.S. and Canada.

In 2005, Chris was elected as a fellow of the World Technology Network. He received the 2016 Texas Star Award from the State Bar of Texas, is a member of the State Bar of Texas Pro Bono College and is one of the Billboard “Top Music Lawyers” for 2024. His current speaking engagements are here.

Prior to founding the firm, he was SVP and General Counsel to SNOCAP in San Francisco, of counsel to Wilson Sonsini Goodrich & Rosati in Palo Alto and Mitchell Silberberg & Knupp in Los Angeles, SVP Business Affairs at Sony Music in New York, and VP Business Affairs at A&M Records in Hollywood.

Chris is an MBA graduate of the UCLA Anderson Graduate School of Management and a JD graduate of the UCLA School of Law. While in law school he was a member of the UCLA Law Review, twice elected an Olin Fellow in Law and Economics by Professor Armen Alchien, and won the Norma Zarky Prize for the best published student paper on an entertainment law topic.

Chris was an adjunct professor at the University of Texas School of Law where he taught The Music Business in the Digital Millennium. Before law school, Chris graduated with high honors from UCLA, majoring in political theory.

Before all of this, Chris was a musician recording or performing with Long John Baldry (with Kathi McDonald and Alan Murphy), Jesse Winchester (with Bobby Cohen), Yvonne Elliman, Randy Bishop, Nanette Workman (with Wally Rossi), Diane Dufresne, Claude Dubois (with Robert Turmel), Jackson Hawke and many others. He was a member of Local 47, American Federation of Musicians.

• Legal Focus
  • Transactional matters at the nexus of music, technology and policy
• Professional Experience
  • Founder, Christian Castle Attorneys, Los Angeles, CA (2005)
  • Christian Castle Attorneys moved to Austin, TX (2011)
  • SVP and General Counsel, SNOCAP, San Francisco
  • Of Counsel, Wilson Sonsini Goodrich & Rosati, Palo Alto
  • Of Counsel, Mitchell Silberberg & Knupp, Los Angeles
  • SVP Business Affairs, Sony Music, New York
  • VP Business Affairs, A&M Records, Hollywood
• Admissions
  • California
  • Texas
  • United States Court of Appeals for the Fifth Circuit
• Honors & Recognition
  • Fellow, Texas Bar Foundation
  • Elected Fellow, World Technology Network (2005)
  • 2016 Texas Star Award, State Bar of Texas
  • Member, State Bar of Texas Pro Bono College
  • Billboard “Top Music Lawyers” (2024)
• Select Publications & Policy Work
  • Represented songwriter clients in Phonorecords IV (Subpart B) proceeding (2022)
  • Authored 2025 Firth Circuit amicus brief in Vetter v. Resnik
  • Institute submission for the US AI Action Plan
  • Institute submission in the UK IPO Office AI consultation
  • Co-authored U.S. Supreme Court amicus brief in Google v Oracle
  • Public policy study on “streaming remuneration” commissioned by WIPO
  • Comment to UK Parliament House of Commons DCMS Committee Inquiry into the Economics of Music Streaming
  • Law journal article: “Ticket Resellers Campaign in Georgia Raises Resale Royalties, Securities Law Issues” (Law.com)
• Speaking & Testimony
  • Frequent speaker at professional conferences
  • Former Director, Texas Entertainment Law Institute
  • Testified against speculative ticketing at Pennsylvania House of Representatives
  • Testified on artist rights issues at the UK Parliament
  • Briefed the National Association of Attorneys General on brand sponsored piracy
  • Spoke at congressional seminars
• Teaching & Academic Engagements
  • Lectured at law schools and business schools in the US and Canada
    • American University
    • University of Georgia Terry College of Business
    • Osgoode Hall
    • UCLA Herb Alpert School of Music
    • UCLA School of Law
    • UCLA Anderson Graduate School of Management
    • University of Southern California Gould School of Law
    • University of Texas Butler School of Music
    • University of Texas School of Law CLE faculty
  • Adjunct Professor, University of Texas School of Law
    • Taught The Music Business in the Digital Millennium
• Leadership
  • Co-founder, Artist Rights Symposium at the University of Georgia
  • Principal Drafter, Texas True Origin of Digital Goods Act (87th Texas Legislature, 2021)
  • Founding Chair, Austin-Toronto Music City Trade Alliance
• Education
  • MBA, UCLA Anderson Graduate School of Management
  • JD, UCLA School of Law
    • Member, UCLA Law Review
    • Twice elected Olin Fellow in Law and Economics
    • Winner, Norma Zarky Prize
  • Undergraduate, UCLA (High Honors)
    • Major: Political Theory

Jordyn Hendrix, Associate | Harper & Bates LLP

Jordyn Hendrix is an Associate at Harper & Bates LLP, a boutique intellectual property law firm located in Dallas, TX. Jordyn advises clients on building and maintaining their trademark and copyright portfolios, protecting their rights through enforcement, and resolving IP and commercial related disputes.

Jordyn has handled a variety of issues at all stages of litigation in various Federal District Courts. Her experience also includes representation of clients in opposition and cancellation proceedings before the Trademark Trial and Appeal Board and handling of domain name disputes under the Uniform Domain Name Dispute Resolution Policy.

Prior to practicing law, Jordyn received her B.A. in Government and Rhetoric & Writing from the University of Texas at Austin and a J.D. from Texas A&M University School of Law. During law school, she served as Vice President of the Intellectual Property Aggies, worked as a teaching assistant in the Trademark & Copyright Clinic and obtained a concentration in intellectual property law.

Jordyn is an active member of the Dallas Bar Association and is the Vice Chair of the Dallas Bar Association’s IP Young Lawyers’ Committee.

• Legal Focus
  • Trademark portfolio development and maintenance
  • Copyright portfolio development and protection
  • Intellectual property enforcement
  • IP and commercial related disputes
• Professional Experience
  • Associate, Harper & Bates LLP, Dallas, TX
• Litigation & Proceedings Experience
  • Litigation matters in various Federal District Courts
  • Opposition and cancellation proceedings before the Trademark Trial and Appeal Board
  • Domain name disputes under the Uniform Domain Name Dispute Resolution Policy
• Education
  • J.D., Texas A&M University School of Law
    • Concentration in intellectual property law
    • Vice President, Intellectual Property Aggies
    • Teaching Assistant, Trademark & Copyright Clinic
  • B.A., Government and Rhetoric & Writing, University of Texas at Austin
• Bar & Professional Memberships
  • Member, Dallas Bar Association
  • Vice Chair, Dallas Bar Association IP Young Lawyers’ Committee

I. Trademarks in the Wild: Real-World Lessons from Rogers, Jack Daniel’s, and Pop Culture Litigation | 12:00pm – 1:00pm

A case law review and practical application of balancing trademark rights and artistic expression in today’s media landscape. We explore how courts evaluate the use of third-party trademarks in film, TV, music, gaming, NFTs, and influencer content.

This session will explore the evolving legal boundaries of trademark use in expressive works, beginning with a breakdown of the Rogers test and when creative use of a third-party mark may be protected under the First Amendment. It will then examine the Supreme Court’s decision in Jack Daniel’s v. VIP and how it reshapes the distinction between expressive and commercial trademark use. Finally, the session will provide practical, real-world strategies for assessing trademark risk and guiding clients through branding decisions to help them avoid costly trademark pitfalls.

Break | 1:00pm – 1:10pm

II. The Trouble with Tickets | 1:10pm – 2:10pm

The social contract between artists and fans on ticket availability and ticket prices has been under assault by resellers intent on commoditizing concert tickets using bots and other fraudster tools powered by the equivalent of payday lenders. Ticket scalpers have been targeted by state legislatures to shut down these practices along with resale of “speculative tickets” and other harmful practices. Discuss model legislation proposed by the Artist Rights Institute and an action checklist to help solve these harms.

This session covers the modern ticket resale marketplace, explaining how major platforms operate, how tickets are priced, and the market forces that drive resale activity. It will examine common reseller techniques such as the use of bots, bulk purchasing, speculative listings, and price manipulation, and explore the legal and consumer protection concerns these practices raise, including fraud, lack of transparency, unfair competition, and deceptive conduct. The session will also review how states and the federal government are responding to these issues, with a focus on California’s AB 1349 and broader enforcement trends, alongside a discussion of pending litigation shaping the resale landscape. Finally, it will highlight the Artist Rights Institute’s model legislation and conclude with a practical checklist of actions clients can take to manage risk, ensure compliance, and protect both their brand and consumers.

Break | 2:10pm – 2:20pm

III. Licensing in Location-Based Entertainment: Key Legal Frameworks and Deal Considerations | 2:20pm – 3:20pm

This session provides an analysis of intellectual property licensing in the rapidly expanding field of location-based entertainment (LBE). Attendees will explore the legal and business foundations of licensing agreements, including rights scope, ownership complexities, compensation structures, and dispute considerations. The session is designed to equip practitioners with practical insights into structuring agreements, managing stakeholder relationships, and avoiding common pitfalls in immersive and experiential entertainment projects.

This session covers the structuring and negotiation of LBE licensing agreements, emphasizing key legal and business considerations in immersive entertainment projects. It addresses rights scope and ownership issues, compensation and revenue models, and strategies for protecting brand integrity, with a focus on drafting clear provisions and avoiding common contractual pitfalls that can lead to disputes.