HHR New Media, Entertainment and Technology Group

On December 17, we will be presenting “TV Everywhere – Is It Everywhere You Want to Be?”, the latest in our continuing series of free, CLE accredited webinars.  During the program, we will be taking a closer look at “TV Everywhere” (TVE), the fledgling initiative under which cable operators and other pay TV providers propose to make their programming–which was, up until now, available only on TV and by subscription–available online to subscribers via any internet-connected device.  Continue Reading »

A group of retired players recently filed a class action suit (Dryer et al. v. National Football League) against the NFL claiming infringement and unauthorized use of their identities and likenesses to promote the NFL and sell NFL-related products without compensation.  

This is yet another in a long list of cases brought by former athletes from the NFL, MLB, and NCAA seeking limits on the right to exploit players’ likenesses. In fact, just last year, a number of retired NFL players won a class action lawsuit against the NFL Players Association, arguing that the union conspired with Electronic Arts to use their likenesses in the Madden video game series without proper compensation, in which the retired players earned a $26 million settlement. Continue Reading »

Cablevision can move forward with its plans to move its digital video recording service into the cloud, thanks to the Supreme Court’s refusal to hear the broadcast industry’s appeal of a decision granting summary judgment in favor of Cablevision.

While consumer DVRs have been used for years, Cablevision sought to launch a service for the remote storage of shows recorded by consumers.  Cablevision’s argument in favor of such service was that, as long as consumers were still in control of the recording, playback and deletion process, the location of the hard drive on which the content was stored didn’t matter.  Broadcasters disagreed, however, claiming that by archiving and retransmitting the content, Cablevision was engaging in copyright infringement. Continue Reading »

Univision, the leading Spanish language television network in the US, licenses a substantial portion of its programming from Televisa, an operator of Spanish language television networks in Mexico and throughout the world.  Now, in a case that highlights the potential conflicts that can arise when television programming is made available online, Univision has filed suit against Televisa in the US District Court in Los Angeles claiming that by distributing its shows on the Web, Televisa is in breach of its agreement with Univision which granted Univision exclusive rights to certain Televisa programming in the US. Continue Reading »

Two news reports regarding the MSOs and their media company partners caught our eye last week.  One provided details on Time Warner’s “TV Everywhere” initiative.  The other discussed Viacom’s efforts to work with cable operators to develop an authentication process to ensure that only users paying a monthly cable bill will have online access to certain content.  Taken together the reports revealed that these two players–which don’t always see eye-to-eye– are in agreement on an evolving business strategy that could–depending on whether you view the glass has half–full or half-empty–lead to either a severe limitation or an opening of the floodgates with respect to free content available on the Web. Continue Reading »