The Screen Lawyer Podcast

Dani Durban: Fun, Creativity, and Contracts #104

May 24, 2023 Pete Salsich III Season 1 Episode 4
The Screen Lawyer Podcast
Dani Durban: Fun, Creativity, and Contracts #104
Show Notes Transcript

On this week's episode, host Pete Salsich and guest Dani Durban dive into the world of law and creativity. In this engaging conversation, Dani opens up about her professional journey and the experiences that have shaped her career. From her early days in contract drafting to her expertise in advertising law, Dani provides valuable insights for legal professionals and aspiring creatives alike. 

Original Theme Song composed by Brent Johnson of Coolfire Studios.
Podcast sponsored by Capes Sokol.

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00;00;00;02 - 00;00;25;09
Unknown
The Screen Lawyer Podcast is brought to you by Cape Sokol, Attorneys at Law. 

On this week's episode of The Screen Lawyer Podcast. I'm really excited to be joined by my friend, a former extern, and now my colleague again, Dani Durbin. Dani, welcome. Thank you. I'm so excited. It's going to be a blast. Stick around.

00;00;27;12 - 00;00;49;27
Unknown
Welcome to The Screen Lawyer Podcast. The intersection of the entertainment world, intellectual property law and emerging technology where we discuss the legal and business issues surrounding any type of content that ends up on your screens. I'm your host, Pete Salsich, The Screen Lawyer.

00;00;52;02 - 00;01;14;04
Unknown
Hey there. Welcome to The Screen Lawyer Podcast. I'm Pete Salsich, The Screen Lawyer. And today I am joined by my friend, my former external law student, colleague, and she went away. Now she's back. So I was going to say, Dani, welcome to The Screen Lawyer Podcast. But I really sort of have to say welcome back. Thank you. It's great to have you here.

00;01;14;05 - 00;01;36;13
Unknown
Thank you. Good. And that's actually kind of been a theme from coming back to keep smoking is I'm back. That's right. It's it's exciting. It's right. It's really like everybody's Dani's back, you know? So, I don't know, there's like, a song in there. Something. We're working on that. Yeah. But it's great to have you, and it's fun. You know, we got a chance to work together first years ago, right?

00;01;36;18 - 00;02;00;08
Unknown
When you were a law student? Yes. You remember during. I remember just, you know. Okay, Well, so and I actually don't know if I've ever told you this part of the story, but. So you had a student above me like a year above me in law school originally as an extern. And I remember hearing about her experience working with you, and then I can't remember.

00;02;01;20 - 00;02;27;06
Unknown
Oh, it was all good otherwise. All right. And then you had also, I think, like, spoken at our law school on the case that you did with respect to Warner Brothers and the tattoo bar. Oh, sure, sure. And I was like, I have got to be as extern. And I remember actually, like, when I signed up for the class, I think I was like, can I can my sign up essentially be conditioned on like, I want to work at Cool Fire, I think building.

00;02;27;11 - 00;02;55;12
Unknown
And then that happened. And then I feel like throughout our careers, we've kind of just ended up bumping back into. Yeah, that's true. I did not know that. Sorry. That's that's kind of cool to hear. Yeah, it's it was really fun when I was in-house at Coolfire Studios. As soon as university reached out because they had that corporate council program and they place students in-house departments to get a feel for what it's like to practice on behalf of a company where you're really part of the company team as opposed to they're your client.

00;02;55;12 - 00;03;14;21
Unknown
There's a there's a in, there's a connection. When you're in-house somewhere that's different. It's a different type of quality, right? And you've since had that experience yourself, which we'll talk about. But yeah, it's, it's been great fun. And I get to have a student each semester and, you know, they kind of see the business and work together. And that's where we first met.

00;03;14;21 - 00;03;49;00
Unknown
And I remember, you know, there was a lot going on at that, you know, in different semesters, there's different things going on. Right. You were pretty busy at. Oh, yes. Yeah. Because there were so many different aspects of the business that they were getting into, which was exciting. And then also I didn't realize this, but on I thought, you go to law school and then essentially like they pop out attorneys that are all the same, like practice different areas, but they all kind of have the same philosophy and you really have actually informed how I practice law because of your approach to it.

00;03;49;00 - 00;04;12;04
Unknown
The whole idea of like we shouldn't be using language on like wherefore or or thereof you want language that clients can actually understand. Yeah, because they have to be able to understand what they've agreed to so that they can actually execute on it. Yes, I think that's it. Well, that's I'm flattered that you took that from me because I learned that from people who taught me, You know that.

00;04;12;05 - 00;04;29;06
Unknown
And that's what we do, right? That's how we that's how we evolve in the practice. You know, and I agree with you. I think that that's a really important part. When we were when we were first starting and you were kind of there still fairly early on, you know, getting into the we were doing reality TV agreements and network agreements.

00;04;29;06 - 00;04;47;05
Unknown
And I remember, you know, the first time doing like, okay, I know that. I know that we need these rights. I know that we need this potential talent or subject of the show to grant us certain rights for certain games. And so I kind of knew what needed to be in there, but I didn't have a lot of examples of forms to do.

00;04;47;05 - 00;05;04;10
Unknown
So remember, we just drafted the first couple of talent option agreements and co-development shopping agreements, things that now roll off the top right? But at the time, like, okay, I think we need one of these. And I remember just ultimately, well, we need these words and we need these words and we need these words, so let's put them all in there.

00;05;04;10 - 00;05;22;26
Unknown
And then we sent it off right to a big entertainment attorney in L.A. or New York or Nashville. And I remember dreading, like, are they going to come and just vomit all over this thing? Like, you don't know what you're talking about? And they didn't. They just came back with, you know, they might redline or have some changes of terms, but it was a validation.

00;05;22;26 - 00;05;51;03
Unknown
Like, look, the contract is a good contract because it just says what it needs to say. Yes. Right. It doesn't have to be a particular form. Yeah. And I think that's a really valid and that's been continued to be true. Yes. And not all attorneys practice that way. No. And so I have really appreciated that and have tried to keep that with me in my practice because clients really, if they want to be able, they're wanting to agree to something, right?

00;05;51;10 - 00;06;11;21
Unknown
So they just want that reflected in words. Yeah. And that's basically what Yeah, I mean, you know, we didn't I didn't know we were going to go deep dive into it. So it's cool because I think that's, that's one of the things that is, you know, when you work with creatives, when you work with talented people, which we get to, we have the great good fortune to do.

00;06;13;14 - 00;06;43;29
Unknown
They're looking to us to take a, you know, one of the spinning plates in their head, out of their hands. So they want to focus on it, right. But they're entrusting us to make sure it doesn't come back later to have some cause they didn't understand. And, you know, a lot of times it's not what would we as a lawyer can get them better terms, but we can make absolutely certain that they really do understand what they've agreed to and can continue to, you know, and particularly if we're creating something that they can use again and again, that it's something that they have the confidence in themselves.

00;06;43;29 - 00;07;00;02
Unknown
Exactly. So. Well, that's cool. So so, you know, bring us forward now. So yeah, that was, you know, okay, great law school but then you came to game so goal. Yes. And you practice here for a while and before I came, Right. It's kind of cool. Then we journey to this. So. So bring us up to date. What's happening?

00;07;00;02 - 00;07;21;00
Unknown
Because you took a detour? Yes, I took a slight detour. And I started actually as a summer associate at KIPP, SoCal. So I pretty much grew up here. Yeah. And I feel like I left home for a little bit, you know, like went off to college or something. Didn't like it. And now you're back Exactly like in the basement, you know?

00;07;21;25 - 00;07;49;06
Unknown
Oh, goodness. But paying rent now, you know, like there's an elevation there. But when I started, I knew especially because I feel like it was not too long after I was actually hired. So after I was a summer associate that they then hired you. And so I knew even though I was doing business in real estate, kind of a corporate practice, that I was really interested in intellectual property, entertainment and media.

00;07;49;06 - 00;08;13;17
Unknown
After having that externship with you, that cool fire. And so you coming on basically allowed me then, because you were expanding that practice to essentially split my time. Now, that's not what every day looks like, but if you look at it on the whole, I do do quite a bit of entertainment and media intellectual property, but then I also do a lot of corporate well and so that and that.

00;08;13;17 - 00;08;36;13
Unknown
And so then you worked here for three years or so, sometimes 34 years. Yeah. And then you went to you left about a year and a half ago. Correct? And then I went to an international advertising conglomerate and I was in-house counsel there. And so that was also us both having in-house counsel experience, kind of almost circling back to yeah, to the contracts.

00;08;36;21 - 00;09;01;20
Unknown
But it's like having that insight into like a singular business has been kind of I feel like also informed the insight that I want in to our clients. Since we aren't with our clients, we aren't in their business every day, right? And so it was helpful in that way. But I missed the diversity and kind of the different excitement of practicing in different groups with different people and different clients.

00;09;01;20 - 00;09;25;05
Unknown
And so I was in touch with so many people, including you. And it's funny because when we first talked about coming back, I was at a dinner with Sarah Bloom, which is a colleague of ours here at Cake SoCal, and we were there with her husband and we were talking about how much we loved working together. And her husband had asked if I would ever come back.

00;09;25;05 - 00;09;46;19
Unknown
And I said, Absolutely. And Sarah, I guess, kind of brushed it off. And then later in the car, I apparently Patrick, her husband, had said, I think she was serious. And so then conversations flowed from there. And now I'm back. That's awesome. Yes. So when while you were in-house, that were you what were you like? What was the role?

00;09;46;19 - 00;10;11;19
Unknown
What is the role of an advertising attorney? I don't know if that's the right term. I mean, certainly you have an advertising a significant advertising work in your practice. So what kind of things were you doing just in general? So we the way that essentially our company had worked was there were different practices, almost kind of like a law firm that you could be a part of with respect to the advertising needs.

00;10;11;24 - 00;10;43;03
Unknown
And so essentially what I was doing was a lot of the media buying, okay, so when somebody so you have a client wanting to purchase, let's say, a commercial or a radio spot or we call out of home. So a billboard and I was negotiating contracts for those clients and then also influencer agreements sweepstakes. Yeah. So and I've had experience with doing the influencer sweepstakes, so it was fun to kind of get more insight into advertising.

00;10;43;12 - 00;11;08;15
Unknown
And now I'm back with that knowledge. Oh yeah, that to me, that said, I think there's almost like a, you know, going to have that experience. And I was in-house for about five years and that was, you know, and I and I back into a practice where I work with clients like that and I learned that I wanted to replicate all of the cool stuff about that experience for other clients in other relationships.

00;11;08;15 - 00;11;34;13
Unknown
But I wasn't going to go as you said, I wasn't going to go have an office in their building. But you still there's something about that process, I think, that gives you an approach or a way to think about the business as we are. Our job and as the lawyers for the creative businesses is to help them, as you said, do the deals they want to do, achieve the things you know, put this stuff out there, make the film, run whatever, whatever it is.

00;11;34;13 - 00;12;10;00
Unknown
Right. And so our job isn't to say, no, you can't do that. They'll just have somebody else and pretty soon we'll be out of the office. Oh, absolutely. But we have to say, yes, you can do this and here's how you do it. Right? Exactly. Or whatever. Right. And when you get that and for you, maybe one of the cool things that you've mentioned is that by even though the one part that after a while you wanted more diversity and not doing sort of the same thing over and over again, and I know it was always the same, but you when you do something a lot, you get really good at it, right?

00;12;10;01 - 00;12;26;06
Unknown
And you get really efficient. Then you get insight into that that there's no way you'd if you just had a regular practice and you were doing that and that and that and that. It would take a number of years to build up all those in any one. But when you go spend some time in ours, you really get a chance to grow those muscles really strong.

00;12;26;15 - 00;12;53;06
Unknown
It is actually quite crazy because we're talking about, you know, just set changes in a sentence and how that kind of impacts the business. And we don't always get so granular when we're doing it as something every few months, right? And so it being day to day and you constantly have those business needs in mind, you are looking at every word.

00;12;53;06 - 00;13;19;10
Unknown
And that's not to say that that's not what we're doing, but it's just different in a way, because you have better insight into how it's going to impact. And so that's why I also love developing such great relationships with clients. And I know you do the same because when they feel like they are able and free to talk to you, that's when you can elicit kind of the best information, usually for sure.

00;13;19;10 - 00;13;38;04
Unknown
Absolutely. And you've got you've had some interesting clients in that. I mean, one of the things that I've well, just to the point you made just a minute ago, I was you part of the email exchanges that you've had recently with one of our clients, helping them get a better structure to some advertising rules that they have in place and things like that.

00;13;38;12 - 00;14;04;28
Unknown
And I'm just watching the emails going back and forth of your exchange and I'm thinking, Oh my gosh, I'm so glad he's here because I think I know this stuff pretty well that you went into a level with the client and got the response from the client. It was really cool to almost watch it in real time, and I could tell that that was a function of you're just bringing in a whole nother level of knowledge there that you've expanded and added to your toolkit, which is fantastic, right?

00;14;05;04 - 00;14;24;14
Unknown
I know in a in a law firm, I feel like we may use our lingo. So like legal ese, right? But having worked in-house, I adapted to using essentially like the business terminology to that business. And I feel like that builds such credibility. It does. And so that's I feel like essentially what occurred. Yeah. Is speaking their lingo.

00;14;24;14 - 00;14;47;02
Unknown
And then she was like, okay, I understand what she's asking. Right? Right. And I probably would have fumbled a little bit more, my emails and everything else. So anybody that everybody wins, everybody wins. So that's cool. So but, you know, we get a chance to work. A couple of years ago when we we've had the sales blues win the Stanley Cup.

00;14;47;02 - 00;15;07;17
Unknown
We the Cardinals are in the playoffs or the All-Star Game and things like that. And you got a chance very early in your career with a really fun, cool client that you have to be right in the middle of all that crazy, right? Tell us about that story a little bit. Well, we realize you may not be able to mentioned there's confidentiality things that we always have to pay attention to.

00;15;07;17 - 00;15;39;22
Unknown
You can hear on the screen on our podcast, we, we, we our lawyers and our confidentiality obligations are true. Yes. But we can tell some things, right? A watered down your story. But I will say that that was another I think it also happened not too long after you'd officially joined. And I don't know what I would have done if you hadn't been here, because you've also had experience in negotiating those deals where one especially like when you have a huge game like that.

00;15;39;22 - 00;16;00;23
Unknown
So like the Stanley Cup, the World Series, people obviously look at that as a way to make money, you know, in profit off of it. And I'm not just talking about the people who have the right to do it, so the people don't always have the right to do it. And so you see a lot of infringing work coming about so and so like the merchandizing, right?

00;16;00;23 - 00;16;17;14
Unknown
I mean, you know, all of a sudden there's three guys with some folding tables that clearly just got on the back of a truck and they've got tons of T-shirts and hats and stuff selling, and they're ready to pack up and roll. Yes. And I feel like what they don't always realize is these come to the MLB, the the NHL.

00;16;17;19 - 00;16;46;13
Unknown
They have people that they send to these events to basically spot out these infringer. And so that's usually how they're caught. So we were dealing with a case with respect to that. And it's so funny, we talk about how long ago it was, but we actually it was finally wrapped up about three months ago, the final terms of the the settlement and ended up becoming really good friends with the attorney on the other side, which is helpful.

00;16;46;13 - 00;17;16;19
Unknown
Yeah, it's it is. It is. There is you know, I don't think there's really ever a reason not to be kind and professional. Right. Sometimes your client wants you to have a voice that's a little harsher than you might otherwise have. But sometimes we have to essentially be in that role. We are advocates for our clients first and foremost, but as you said, most of the time we're just trying to get something resolved.

00;17;16;19 - 00;17;42;02
Unknown
And sometimes you have an opportunity, I think, as the attorney, to get you the terms are going to be what the terms are, But if you're appearing reasonable, you can pull some reasonableness from the other side. Oh, yes. But if you're unreasonable from the start, you're not going to get anything from the other side. I completely agree. And I actually the XFL I had to deal with then their first go round.

00;17;42;04 - 00;18;03;23
Unknown
So I know they kind of cuckoo for a Bell hockey fans. Yes. I'm sorry. I got to just go off here. Yes. And the tiebreaker system, they have to see who gets in the playoffs. I'm combined anyway, the battle hawks got edged out. But anyway, best audience in the XFL. So those 30,000 plus, we're going. Okay, back to that.

00;18;03;23 - 00;18;27;14
Unknown
You know, anyway, is the law that's for you, Sandy, and you know who you are. Okay. So I love it. I know we're good riff raff. No, I love it. So it was interesting because it was another licensing deal, okay. But this time properly licensed. So they weren't it wasn't a client going off on their own and deciding to use a site, someone else's logo or branding.

00;18;27;19 - 00;18;50;22
Unknown
And so in this instance, we had taken a really reasonable approach because, one, it's not only beneficial like in your basically in what you said, that the other side's going to be hopefully reasonable back, but it's also cost efficient for the client to not be battling over things that in the end we know we may not win or they might not live on.

00;18;51;02 - 00;19;20;07
Unknown
So we did that and the attorney at the end of it basically came back and said, you all have been the most reasonable attorneys that we have worked with on deals like this and just appreciate it so much. And that was really cool to hear. Isn't that. Yeah, I agree. That is when you get that kind of because then that gives you you likely encounter whether it's that particular attorney or something in that sphere again and then you the next time you're like, oh, I worked with Danni before.

00;19;20;08 - 00;19;43;13
Unknown
She's terrific. She's easy. You know, the circumstances might be different. They may be more challenging, but you come in already with the. All right, this is a smart, reasonable lawyer. She knows what she's doing. She's not going to waste everybody's time. That's a real opening, you know, And it made me think, you know, you just before you were talking about how you get the opportunity to really parse sentences and things like that, which is really valuable.

00;19;43;13 - 00;20;15;04
Unknown
But on the other hand, I think it's one of the things that I think is something that we all and maybe this just takes time and confidence where you feel more free to leave the language, you know, and allow someone else's paper to be signed as long as it has the things you need. Yes. You know, so while if I get to draft for my own client from the start, yeah, we're going to make these sentences saying, but if but I don't need to force my verbiage into somebody else's contract if their verbiage works.

00;20;15;21 - 00;20;33;10
Unknown
Agree. Right. And so you both fall in love with your own words and don't follow with your own words like at the same time, right? No, that makes absolutely perfect sense. I mean, if you haven't if you've spent the time to understand why the words that you choose matter, you then probably also know enough to know what these words work to.

00;20;33;26 - 00;21;00;12
Unknown
Exactly. And what I care about is a different paragraph. So I'm not waste time redlining this stuff. One, as you said, it costs the client's money and to it just pisses the other side off, right? I'm like, you know, Yeah, I know. Because sometimes you can never predict how the other side's going to react. And that's the element where when clients are asking, I feel like sometimes for estimates you can't always give one because there's that unpredictability.

00;21;00;12 - 00;21;22;13
Unknown
Right. But no, I absolutely agree with that approach. Well, you know this and we're already talking about things that we're going to be able to do. You know, we had Gary Pearson was a guest a couple episodes ago, and it's exciting to have him here. We've got other great young talent as part of this entertainment media practice. And so there's really, I think, some cool stuff in the future.

00;21;22;24 - 00;21;41;14
Unknown
And one of the things that I a way that I've been thinking about this is this is tee up into a question to you is, you know, I ask people all the time and we ask on this podcast what's on your screen. And the reason I say that one, it's kind of fun to talk about it, you know, because I make notes, Oh, I didn't know about that show.

00;21;41;14 - 00;21;59;24
Unknown
I want to put that one in the queue. If somebody really loves something, I'm going to go, Oh, maybe I got to go back and look at it again. But I also think it's it's it's sometimes I think of it, well, you know what is like right now on you know, what's on my screen right now a contract that I cannot get out of my I'm doing this with.

00;21;59;24 - 00;22;18;02
Unknown
And sometimes that happens and it becomes it's almost like the screen gets bigger and bigger until I'm like, okay, wait a second. Let me just get in here and do it. And then and then I my screens open up to other things again. So sometimes it's that sort of, you know, workers on my screen or maybe they're developing something or maybe you're watching something.

00;22;18;02 - 00;22;41;18
Unknown
So I know you're a screen person. You have a whole sort of social media influencer lives of your own. I don't know. I think people I don't know how I love that. So but what is on what is on Dani Durban screen? What what is what is stopping your thumb from scrolling or what are you watching at the end of the day when you need to just move?

00;22;42;03 - 00;23;01;07
Unknown
So right now I've been really slammed with work and so not too much has been on my screen. But one thing that I do do and I, I don't know if this is good or bad, I, I feel like I have more of a bad reputation for it. But people can contact you so much these days, right? Like now there's Instagram.

00;23;01;07 - 00;23;21;25
Unknown
They can message you comment, there's Facebook text, call, email. I just like, I can't keep up. So I have all of my notifications except for phone and mail off. So I have to actually go into the apps to see if somebody texted me or see if somebody posted online. Okay? And that actually keeps me off it way more, I feel like.

00;23;21;29 - 00;23;44;19
Unknown
And then I'm able to focus on other things because I like to be present. I feel like I need time. So when I'm with you here on. But one thing that I recently got into so my boyfriend is a huge TV movie guy and I'm more of a book person, okay? But if you put a like, legal show in front of me, I will watch that all day that are like a murder mystery.

00;23;44;20 - 00;24;08;26
Unknown
All right. So there's this new show called Jury Duty. Have you heard of it? I have not. It is automatically one of my top three. Like like the office Parks and Rec. It is up there. It is so phenomenal. So the premise is essentially there. It's a documentary that is filming a trial. And there are obviously 12 jurors.

00;24;08;28 - 00;24;34;23
Unknown
Well, 11 of them are actors. And one of them has no idea that it's not a real trial. Exactly. Oh, my goodness. And one of the jurors happens to be James Marsden from like The Notebook. If you saw his face, you'd recognize him. Okay. Okay. I sort of. Yeah. Well, you know, we're reasonably current. I don't know. I just kind of picture him when somebody first told me his name.

00;24;34;23 - 00;24;54;24
Unknown
But then as soon as, like, they showed me and I was like, I know. Exactly. Yeah, right. But he is fabulous because he actually plays himself. So that's the other aspect of it is this juror who has no idea that this is all fake and set up is like this actor thing. She's just so, so like, so special, right?

00;24;54;24 - 00;25;12;25
Unknown
Like getting special treatment. So it is the funniest. Wow. Okay, you have to watch. This is great. This is why I ask the question. Yes. All right. And everybody out there, if you're not watching jury. So however jaded we should get, I don't know. We can't get product placement. Good. So will we have one day maybe, right? Yeah.

00;25;12;27 - 00;25;31;08
Unknown
Or maybe you could be the unknown juror or an actor or whatever. Although in that instance, I feel like lawyers never get on jury. No, they don't. I wish now I served on a jury to a jury one time this summer before I started. Law was the only time I ever got to serve a jury, then called and said like, you know, but.

00;25;31;08 - 00;25;53;24
Unknown
Right. You know, I would. So back to jury duty. Yes. Where do you find it? So I believe it's on Amazon Prime. They've got does Amazon Prime have a on I like freebie I think there's like the oh I don't know if it's like one third but okay Yeah so I think we access it through Amazon Prime. I was just going to say a funny story because to like underline the fact that I don't really watch TV.

00;25;54;17 - 00;26;11;04
Unknown
When I started dating my boyfriend, I've got a TV in my bedroom. I hadn't turned it on in years and so like when he first turned it on, it like, didn't work. And I had no idea because I, I just it never I just don't really watch TV. So. But jury duty is a must watch. All right. Well, Jerry, did you see?

00;26;11;04 - 00;26;32;04
Unknown
That's why we ask what's on your screen. And if you're in the comments, if you know jury duty or you have another show or something else you think we should watch, be sure to tell us. We'd love to hear from you. Well, this has been fun, Dani. I am so excited about you being here and the opportunities we have and and to grow your practice and to work together for our entertainment clients and to talk about what's on screens.

00;26;32;04 - 00;26;52;03
Unknown
Will you come back? Absolutely. All right. Yeah, because I think that's the plan. So it was scary, you know? Well, we've got a number of other guests that are that are sort of I'd like to say they're all calling us and clamoring to be here. And there's a little bit of that, but it's more me calling them with like, okay, well, next time you will have homework to watch jury duty.

00;26;52;08 - 00;27;12;06
Unknown
So we'll have. All right. Jump on that. Perfect. Perfect. And when you want to come in and talk to somebody that you're interested in, you come and sit in this chair. Perfect. Awesome. Well, this has been great. Everybody, thanks a lot for joining us today. On the screen on your podcast. If you are so inclined, hit that like button and subscribe button down below and join us.

00;27;12;06 - 00;27;40;04
Unknown
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