Nick Breen
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Articles by Nick Breen
Reed Smith advises Leon Capital on strategic growth investment in VKE Group
The investment will strengthen VKE Group’s financial position and support its organic growth plans, operational expansion and strategic opportunities, including investment in people, technical capability, plant and infrastructure. More than €50 million of capital will be injected into the business.
Reed Smith represents Pophouse in acquisition of 50% stake in Sia's publishing and master music rights
Global law firm Reed Smith represented Pophouse Entertainment, a global entertainment and music investment firm, in its acquisition of a 50% stake in the publishing and master music rights of Australian singer-songwriter Sia.
IP: Trademarks, patents & trade secrets
30 September 2026 / 8 min read / Entertainment & Media Guide to AI: Three years on Authors Gerard M. Donovan, Jess H. Drabkin, Nick Breen Authors Key takeaways The use of generative AI in marketing and content creation poses challenges in trademark protection. The evolving legal landscape around AI and patents reveals a growing consensus that AI cannot be recognized as an inventor eligible for patent rights.
AI & rights of publicity in the UK
Rights of publicity safeguard an individual’s name, image, likeness, voice, and other unique personal attributes from unauthorised commercial use. Our previous article examined the UK’s position on rights of publicity, noting the absence of any standalone “image right” or “personality right” under English law.
UK copyright & AI training: Where the law stands after the opt-out rejection
No safe harbor for commercial AI training The UK’s sole text and data mining (TDM) exception remains confined to non-commercial research purposes, and despite the recent government consultations, no broader safe harbor for commercial AI training has emerged.
GEMA notches a second transatlantic AI copyright win in Germany
On 31 July 2026, the Munich District Court I (Landgericht München I; the “Court”) delivered the first major European ruling to hold that training an AI model on protected musical works without a license can infringe copyright even where the training itself takes place outside the EU – a result likely to influence pending disputes elsewhere in Europe. Key takeaways Offshore training is no safe harbor.
Reed Smith advises CVC Capital Partners on majority investment in DistroKid
Reed Smith represented CVC Capital Partners in its definitive agreement to make a majority investment through CVC Capital Partners IX in DistroKid, the world’s leading music distributor and a provider of tools for independent musicians. The transaction is expected to close in the third quarter of 2026. CVC intends to draw on its experience across music, entertainment, and consumer subscription businesses to help DistroKid support artists around the world.
UK copyright and AI report: the ‘opt-out’ is dead, but what comes next?
Overview and background The UK government has published its statutory report and economic impact assessment on copyright and AI (together, the Report), meeting its 18 March 2026 deadline under sections 135 and 136 of the Data (Use and Access) Act 2025 (Data Act).
PEGI launches “interactive risk categories”; overhauls age ratings for loot boxes, in-game spending, and communication features
In June 2026, PEGI’s new “interactive risk categories” will integrate monetisation mechanics, communication features, and engagement design into age classification framework for first time Games containing loot boxes will receive a minimum PEGI 16 rating; games with unrestricted communication features, PEGI 18, as UK and EU obligations develop in parallel Games companies should review monetisation, retention, and communication features now, ahead of PEGI’s implementation date in June
Ownership rights for AI-generated works and in machine learning - Reed Smith to speak on AI in entertainment & media at SXSW
The entertainment industry has always been built on creativity, but a fundamental question now looms over studios, streamers, and talent when using artificial intelligence to generate content: Who owns the copyright to AI-assisted content – the algorithm or the artist? Who owns the fruits of generative AI?
Reed Smith to lead SXSW panels on AI in media and entertainment
The panels will take place at The LINE – Topaz Ballroom 1-3. Panel 1: AI Safety & Trust: Building Responsible Media Tech | 10–11 a.m. CT This session will explore practical steps for building and scaling trustworthy AI as it becomes central to media and entertainment.
Stuck in the middle: the UK’s AI copyright problem
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Betting on compliance: A practical guide to gambling ad regulations
Gambling advertising remains heavily regulated and is under increasing scrutiny since the Government's release of the White Paper "High Stakes: Gambling Reform for the Digital Age" in April last year. Concerns revolve around the impact of gambling ads on children and vulnerable individuals, especially with the growing shift in media consumption to online platforms and social media.
Navigating The No Fakes Act
The proposed No Fakes Act, introduced last week, aims to protect individuals' image, voice, and likeness from unauthorized digital replicas. This federal legislation addresses concerns over deepfake technology and seeks to create uniform protections across the U.S., as current state laws vary widely. It would establish these rights as intellectual property, granting exclusive control over digital replicas.
AI And Publicity Rights: The No Fakes Act Strikes A Chord
RS Reed Smith More The bill proposes a new U.S. federal property right to protect individuals against unauthorized highly realistic, digital replicas that use an individual's voice or likeness. Under the bill, all individuals. United States Intellectual Property
AI and publicity rights: The No Fakes Act strikes a chord
Key takeaways The bill proposes a new U.S. federal property right to protect individuals against unauthorized highly realistic, digital replicas that use an individual’s voice or likeness Under the bill, all individuals (or their rights holders) would be granted the exclusive right to authorize the use of their voice and likeness in digital replicas If passed, the law would create the first nationwide harmonized right of publicity Last week, U.S. lawmakers introduced the Nurture Originals,...
Web3 round-up: Spring 2024 - best of March, April, and May
Welcome to our update on the metaverse and web3. This update aims to provide a brief overview of the most talked-about news, trends, and new initiatives in the metaverse and web3. Here’s the best of March, April, and May 2024: Technology London Stock Exchange to start market for Bitcoin and Ether ETNs On 28 May 2024, the London Stock Exchange started a market for bitcoin and ether exchange-traded notes.
Why Generative AI isn’t necessarily a golden ticket in the world of advertising
Nick Breen offers a legal perspective on the use of AI in advertising, regulation and the ASA’s landmark investigation into the Willy Wonka experience Partner Reed Smith Earlier this year, the Willy’s Chocolate Experience event that took place in Glasgow threatened to dislodge Roald Dahl’s creation in the zeitgeist.
Web3 round-up: Winter 2023/2024 - best of December, January and February
Welcome to our update on the metaverse and web3. This update aims to provide a brief overview of the most talked-about news, trends and new initiatives in the metaverse and web3.
Entertainment and Media Guide to AI: Legal issues of AI in the entertainment and media sector part 1 -IP: Trademarks, patents and trade secrets
As with copyright, trademark and patent law raise thorny issues in relation to artificial intelligence, and in particular generative artificial intelligence. Trademarks play a crucial role in protecting a company's identity and reputation, and issues are likely to arise in the context of AI-generated or AI-assisted art. In the context of AI, patents are used to protect technical inventions, including those developed with the aid of AI.
Web3 round-up: best of autumn 2023 (September / October / November)
Luthra Welcome to Reed Smith’s quarterly DigiDigest series on all things metaverse and Web3. These short updates cut through the noise and put the most talked-about news and coolest new initiatives in the metaverse and Web3 at your fingertips. This update combines the best of September, October and November 2023.
Web3 round-up: best of summer 2023 (June / July / August) | JD Supra
[co-authors: Rachael Mintah, Carsten Dobler, Judith Reboul, Aparna Luthra, Camille Pellicano] Welcome to Reed Smith’s summer DigiDigest update on all things metaverse and Web3. These short updates are designed to cut through the noise and put the most talked-about news and coolest new initiatives in the metaverse and Web3 at your fingertips.
Finding your pot of gold in e-sports | JD Supra
[co-author: Eng Han Goh] The growth of e-sports in recent years has seen a rapid increase in e-sports tournaments prize money and a greater variety of unique prizes available for players to unlock in-game. E-sports is more than a virtual platform for existing sports – it is a way to unlock that pot of gold for some to earn a living and for others to commercialize gaming on an unprecedented scale.
Five common challenges when organizing online e-sports tournaments | JD Supra
[co-author: Eng Han Goh] More robust Internet connectivity, the proliferative release and adoption of new competitive titles, as well as increasing brand investment into e-sports have catalyzed the rapid growth of online e-sports tournaments. Although this growth presents exciting opportunities for organizers and brands, there are a number of challenges for stakeholders to consider and address. We set out below five of the most common challenges.
Web3 round-up: best of May 2023
Welcome to Reed Smith’s monthly DigiDigest series on all things metaverse and web3. These short updates cut through the noise and put the most talked-about news and coolest new initiatives in the metaverse and web3 at your fingertips. Here’s the best of May 2023: Trends to watch Sports NFT tickets used for Professional Fighters League NFTs have become a popular ticketing solution in recent times, being used for everything from flight tickets to tickets for sporting occasions.
Esports in Olympics is Likely to be a Marathon | JD Supra
[co-author: Eng Han Goh] Esports and traditional sports have in the past been seen as mutually exclusive types of events, but in recent years, there has been an increasing overlap between the two as esports continues to grow in popularity, especially since the pandemic. Do they have a shared future and will we see a greater role for esports in the Olympics?
Adidas to Start Selling Stockpile of Yeezy Sneakers, With Proceeds Going to Anti-Racism Groups
Adidas said Friday (May 19) that it will begin selling its more than $1 billion worth of leftover Yeezy sneakers later this month, with the proceeds to be donated to various anti-racism groups. The German sportswear brand said recipients will include the Anti-Defamation League, which fights antisemitism and other forms of discrimination, and the Philonise & Keeta Floyd Institute for Social Change, run by social justice advocate Philonise Floyd, the brother of George Floyd.
Concert Promotion Stocks Are the Biggest Gainers on This Week’s Billboard Global Music Index Original
It was a good week for music stocks overall and an even better week for concert promoters, who made the biggest gains on the Billboard Global Music Index ahead of the blockbuster summer touring season. The index rose 4.4% to 1,256.06 this week, with 15 of the 21 stocks ending in positive territory. It was led by concert promoter Madison Square Garden Entertainment’s (MSGE) 19.4% gain amidst multiple news items that influenced the share price.
Audacy’s Stock Delisting Can’t Be Blamed on a Soft Advertising Market Alone Original
A couple of years after the COVID-19 pandemic took radio listeners out of their vehicles and a recession caused an advertising slowdown, the radio industry is experiencing another decline. That has complicated the financial position of Audacy, the second-largest radio company in the United States and a major player in the podcast market.
Josh Love
Josh Love is a partner in Reed Smith’s Entertainment & Media Industry Group, focusing on the intersections of music, digital media, and emerging technologies, including generative AI.
Attack of the Clones: AI Soundalike Tools Spin Complex Web of Legal Questions for Music (Guest Column) Original
As creators and rightsholders think about how to respond to the threats and opportunities represented by generative artificial intelligence, recordings made with the technology are already causing a stir. The biggest one yet: “Heart On My Sleeve,” a recording by the creator Ghostwriter that features what seems to be AI-generated imitations of vocals by Drake and The Weeknd — and amassed over 600,000 Spotify streams before being yanked from the platform.
Web3 round-up: best of April 2023
Welcome to Reed Smith’s monthly DigiDigest series on all things Metaverse and Web3. These short updates cut through the noise and put the most talked-about news and coolest new initiatives in the Metaverse and Web3 at your fingertips. Here’s the best of April 2023: Trends to watch Technology, finance, and government Google Cloud launches all-new Web3 start-up program Google Cloud announced the expansion of its Start-ups Program to include additional benefits for Web3-specific projects.
UKIPO issues trade mark guidance on NFTs and metaverse goods and services
On 3 April 2023, the UK Intellectual Property Office (UKIPO) released updated guidance on how best to classify non-fungible tokens (NFTs), virtual goods, and services provided in the metaverse. The clarifications aim to help those wishing to register a trade mark for goods or services that exist within the metaverse.
Web3 round-up: best of March 2023
Welcome to Reed Smith’s monthly DigiDigest series on all things Metaverse and Web3. These short updates cut through the noise and put the most talked-about news and coolest new initiatives in the Metaverse and Web3 at your fingertips. Here’s the best of March 2023: Trends to watch The Metaverse is gathering momentum According to DappRadar, virtual land trading reached an all-time high in Q1 2023, and trading volume for virtual worlds is on the rise.
Could Spotify's integration of NFTs inspire sports businesses to embrace NFT technology?
NFTs have had a tumultuous year, with major players[1] pulling back from integrating the web3 technology due to macro-economic conditions, high-profile exchange collapses[2], and falling crypto prices. However, there have been some exciting developments and new use case scenarios, such as Spotify's testing of NFT integration for its music service.
Could Spotify's integration of NFTs inspire sports businesses to embrace NFT technology?
NFTs have had a tumultuous year, with major players[1] pulling back from integrating the web3 technology due to macro-economic conditions, high-profile exchange collapses[2], and falling crypto prices. However, there have been some exciting developments and new use case scenarios, such as Spotify's testing of NFT integration for its music service.
Web3 round-up: best of February 2023 | JD Supra
Welcome to the first of Reed Smith’s DigiDigest series on all things Metaverse and Web3. These short, monthly updates cut through the noise and put the most talked-about news and coolest new initiatives in the Metaverse and Web3 at your fingertips.
N(ot) F(or) T(hird parties): Jury decides in favor of Hermès in MetaBirkin NFT case | JD Supra
On Wednesday, February 8, 2023, a Manhattan federal jury issued a verdict finding Mason Rothschild, creator of a collection of non-fungible tokens (NFTs) called “MetaBirkins,” liable for infringing and diluting Hermès International’s BIRKIN trademarks for its iconic Birkin handbag and for unlawfully cybersquatting on the MetaBirkins.com domain name.
Kickoff of World Cup brings ambush marketing to fore
Ambush marketing encompasses a wide range of marketing activities but can generally be said to be any marketing that takes advantage of the buzz and goodwill surrounding a high-profile event, typically a major sporting event such as the World Cup 2022, despite the advertiser not being an official sponsor or licensee for the event. Like most organizers of major sporting events, FIFA usually seeks to prohibit ambush marketing techniques by advertisers in connection with its tournaments.
Influencers in hospitality marketing: Moving with the times
Influencer marketing has become a critical tool for the hospitality industry to reach its target market. Historically we relied on TV ads, magazines, travel books and travel agents for inspiration when deciding where to go and stay on holiday. Fast forward to today, and social media platforms provide us with an enormous amount of content that acts as a targeted and personalized recommendation tool.
Reed Smith: World Cup advertising – planning an ambush - More About Advertising
By Nick Breen (partner) and Mikaela Belcher (associate) at Reed Smith. FIFA has reported that the World Cup 2022 group stages have attracted record-breaking TV audiences in multiple markets around the world. Despite the controversies surrounding the tournament, the buzz that the World Cup is generating is undeniable and many advertisers will naturally turn to ambush marketing to capitalise on consumer attention on the tournament.
Football, marketing and the art of the ambush: Ambush marketing in 2022 | JD Supra
In spite of the various legal and commercial risks associated with it, ambush marketing is a global phenomenon. Provided that these risks are managed correctly, ambush marketing can allow an advertiser to benefit from the buzz around an event without having to shell out on expensive sponsorship fees, settlements or damages. Even as teams make their final preparations to travel to Qatar, advertisers will undoubtedly be waiting to unleash an ambush marketing avalanche. But what is ambush marketing? 1.
How To Launch An NFT
We may be in the middle (or the beginning) of a ‘crypto winter’ – but brands and organisations of all sizes are continuing to explore ideas for launching non-fungible tokens (NFTs). From digital collectibles and NFT season tickets, to fan tokens and exclusive merchandise, the sports industry has been leading the charge in how this technology can be leveraged in innovative ways and provide real value for fans.
Influencer Marketing - How Brands and Influencers Can Remain Compliant
Trust is a key component to the success of influencer marketing – trust between the brand and influencer and trust between the influencer and their audience. But with influencer marketing now reigning over the online marketing space, its growing influence has attracted increased regulatory scrutiny.
Cutting through the hype - the reality of purchasing an NFT
This piece was co-authored by Nick Breen, partner, and Heather Stewart, trainee solicitor, at Reed Smith LLP. Now that they have unquestionably entered the vernacular, it is hard to believe that the rise to popular appeal of Non-Fungible Tokens (NFTs) only took place just over a year ago with the sale of Beeple’s NFT at Christie’s, for $69.3 million. Early last year, the majority of NFT projects that launched were principally digital artworks and avatar collectibles.
NFTs: the good, the bad, the regulation
The metaverse’s blurring of the boundaries between multi-faceted digital environments and the physical world will no doubt disrupt conventional legal notions, including that of ownership. Possession is king, but ownership in the digital world is not the same as ownership in the physical world, and without due care and attention stakeholders may come unstuck. The metaverse – the “Internet 3.0” – offers tremendous opportunities for growth & creativity The extraordinary rise of NFTs is hard to miss.
Ain’t no party like a COVID-free party: A new plan for festivals? | Lexology
As lockdown restrictions across the UK gradually begin to lift and businesses start looking forward to a post- or lighter-lockdown world, some festival organisers have been considering different ways to get the industry back on track and functioning as close to “normal” as possible.
Are Influencers Being Left in the Dark Over Social Media Guidance?
Whilst the new guidance from the ASA and CMA sets out to clarify grey areas for influencers, the influx of new information may confuse influencers further. Far from bringing regulation up to date with new social media tools, regulators have left a lot of questions unanswered. Vying for the attention of consumers, brands are increasingly turning to social media, and in particular, influencers, to reach their target audiences and promote their products in a seemingly genuine way.
Harmful gender stereotyping in advertising: the first rulings | Lexology
This month two television advertisements became the first to be found to have breached new rules against gender stereotypes. A third ad was also investigated, but this was not upheld. The new CAP Code rules and these ASA adjudications have been widely discussed, with varying views aired regarding their fairness and their potential impact on future advertising.
Influencer Accountability and How to Avoid Common Pitfalls
Brands and platforms are starting to hold those to account who haven't been transparent. Here's how to avoid the common pitfalls under the current regulations. More and more brands are turning to influencer marketing to reach relevant audiences and advertise their products in a genuine way. However, the growing popularity of this form of marketing has not been without its challenges.
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