HHR New Media, Entertainment and Technology Group

In the rush to take advantage of the boom in the apps market, developers may have–consciously or not–overlooked the fact that some of the software building blocks they were using to create apps were governed by their own license restrictions, which may have been violated by the developers.  A recent report published by OpenLogic found that 7 out of 10 apps that contained open source software were in severe breach of the open source license requirements.  Continue Reading »

On December 9, the DigitalHHR team will be presenting “Forecast: Entertainment in the Cloud”, the next in its on-going series of live, CLE-accredited webinars.  

As the public’s demand for “any content anywhere” grows, entertainment, media and technology companies are turning to the cloud for innovative ways to distribute and monetize content. Through initiatives like digital lockers, streaming to mobile apps, progressive downloading to tablet devices, and other forms of cloud-based storage and distribution, stakeholders are exploring new business models and ways to innovate without compromising the value of content or jeopardizing the rights of content owners to control how their content is consumed by the ultimate end user.

In this CLE-accredited Webinar, we will focus on the critical legal and business issues raised by the expansion of cloud computing and its impact on the distribution and consumption of entertainment content. We will analyze how cloud computing has led to new methods of distribution that give rise to an increased threat of copyright infringement and the recent case law impacting the cloud computing landscape. We will discuss new digital rights management tools, methods of end user, subscriber and purchase authentication. We will explore how stakeholders can balance complying with evolving standards, laws and regulations with the need to exploit new technological advancements that lead to improved services and enhanced end user experiences.

Our New Media, Entertainment and Technology Group at Hughes, Hubbard & Reed will be joined by our UK-based colleagues from the international Technology and Media focused law firm Taylor Wessing LLP. Taylor Wessing will address some key international and European issues that impact cloud models. These issues will include jurisdictional risks, different rights spanning different territories, advertising laws, collecting societies, the European laws on privacy, cookies and liability for cloud platform providers, as well as challenges related to format shifting/uploading consumers’ existing content into the cloud.

The webinar will be held on Thursday, December 9, 2010 from 12:30 p.m. to 1:30 p.m. EST.  To register, please click here.

Since its launch this past Spring, Apple’s new iAd interface has promised to change the landscape of mobile advertising and how consumers and advertisers interact.  But the multiple, interlocking terms of use, developer agreements and privacy policies that govern various aspects of the iAd system also raise some interesting issues surrounding the collection and sharing of information regarding users viewing ads served through the iAd platform.  And these issues are not limited to Apple’s iAd environment and should be of interest and concern to all stakeholders in the mobile space. Continue Reading »

Over the last year, social networking sites, most notably those with a developer platform such as Facebook, have become hotbeds for virtual goods purchases, social gaming, sweepstakes and advertising-based promotions.  Many of these are based on custom-designed and developed third party applications and widgets, which are veritable revenue drivers for the platform operators.  Several months ago Apple modified the terms for its iPhone application development agreement (via an amendment to the iPhone SDK terms)  to specifically permit app-based contests and sweepstakes.  Specifically, Apple added the following language: “Your Application may include promotional sweepstakes or contest functionality provided that You are the sole sponsor of the promotion and that You and Your Application comply with any applicable laws.” However, questions have arisen regarding the legality of running these games and promotions via such applications and platforms.  At their core, these questions focus on the legal distinctions between lotteries, contests and sweepstakes, distinctions that could mean the difference between a highly successful promotion and a high-profile legal headache. Continue Reading »

ASCAP is suing AT&T for failure to pay public performance royalties for their sale of musical ringtones. According to ASCAP’s opposition to AT&T’s  recently filed motion, ASCAP rebukes AT&T’s claim that a ringtone is no different than a song downloaded from iTunes and therefore does not require the payment of performance royalties. In response, ASCAP argues that when a ringtone plays to signal an incoming call, the public performance right is triggered in two ways—once when the ringtone is digitally transmitted to the phone (via the streaming transmission/delivery) and again when the song is actually played on the consumer’s phone to the public. According to the filing and a statement released by ASCAP, AT&T, and not the consumer, is then directly liable and responsible for the corresponding public performance royalties because the consumers’ phones are on AT&T’s network, and AT&T controls the entire series of steps that allow and trigger the ringtone performance based on incoming calls. Continue Reading »