Philip M. Kelly

LOS ANGELES - Philip M. Kelly has achieved significant victories in cases involving some of the biggest names in traditional and new media, including TikTok, NBCUniversal, Lionsgate, Paramount Global (formerly ViacomCBS), CBS Broadcasting, Paramount Pictures and Regency Entertainment. He handles disputes involving copyright infringement, film finance, profit participation, intellectual property licensing, and film and TV distribution agreements.

He currently serves as lead counsel defending TikTok, Inc. and its owner ByteDance in a copyright infringement lawsuit. Shamraev v. TikTok, Inc., et al., 2:22-cv-01811 (C.D. Cal., filed March 18, 2022). The case was brought on behalf of Alexey Shamraev, a video template maker who alleges that TikTok continues to use his sand animation filter without his authorization. The digital filter makes a photo look as if it were drawn in the sand. The matter is ongoing.

"There are issues of extraterritoriality involved, and the case is being brought in the United States related to an editing tool that was never available here in the U.S.," he said. "It's an interesting procedural case, an interesting substantive case and, to me, a very interesting client."

With teenage daughters at home, Kelly said he is all too familiar with how media habits have shifted in recent years away from traditional media to platforms like TikTok.

"I know from personal experience how tastes have changed among younger people. And I know the entertainment industry is adapting like crazy," he said. "So I'm excited to be representing companies that are advancing both the technology and the way media is consumed."

Kelly also represents individuals and companies in arbitrations. He currently represents CBS Broadcasting and Paramount Global in an ongoing arbitration with actor Chuck Norris' production company, Top Kick. Top Kick Productions, Inc. v. CBS Broadcasting, Inc., et al., BC692372 (L.A. Sup. Ct, filed Jan. 31, 2018). In the $30 million breach of contract dispute, Top Kick is seeking additional compensation for streaming and other potentially lucrative uses of Norris' popular TV show, 'Walker, Texas Ranger.' After more than a year of procedural wrangling, the case has been compelled to arbitration. Kelly was retained as lead counsel by CBS to replace another firm in December 2019.

For Kelly, who played basketball in college and was inducted into the Pomona College Athletic Hall of Fame, the competition and teamwork found in litigation is familiar and welcome territory.

"I think people thrive when you've constructed a team that works well together and has all the right pieces -- that's the way to successfully represent a client."