If you are designing or developing a video game that depicts this planet or any other fictional world, then you need a pair of trained legal eyes to review the people, places, products and things that will be featured in the game. Go it alone, and you are traveling down a windy road that intersects with copyright, trademark, privacy law and the First Amendment, where the case law is complex, the rulings are inconsistent, and the outcome may ultimately depend on the jurisdiction. Make one mistake and you will find yourself staring down a lawsuit before your game title moves a thousand copies. Whether the lawsuit is filed by the owner of a popular destination who thinks you stole the “look and feel” of his establishment (see E.S.S. Entertainment 2000, Inc. v. Rock Star Videos, Inc., 2008 WL 4791705 (9th Cir. 2008)) or the lead singer of a retro-funk dance group who claims a character in your game wears the same clothing and resembles her (see Kirby v. Sega of America, Inc., 144 Cal.App.4th 47 (2006)), video game profits have caught the world’s attention, and, as in all things, success leads to lawsuits. Continue Reading »
Advances over the last decade in the media, entertainment and technology industries have been unparalleled. The new media landscape is dynamically shifting in real time and all businesses must anticipate and react to innovations in technology in order to seize new opportunities and develop unique business models.
Hughes Hubbard and Reed’s New Media, Entertainment and Technology group recognizes the pace at which these advancements are affecting the day-to-day operations of our clients. We specialize in helping clients exploit such developments to stay ahead of the curve by understanding the way technology influences business. It is not merely the convergence of the media, entertainment and technology industries, but the impact of such convergence on the global consumer, which drives the marketplace forward. We combine the resources and experience of a traditional law firm with an understanding and passion for today’s cutting-edge technologies to assist our clients in navigating the new realities and challenges arising from this shifting landscape.
Digital Media and Internet
Digital audio-visual content licensing, distribution and syndication initiatives on all new media platforms including wireless, broadband, satellite radio and IPTV
Online social networking services, virtual reality communities, blogging, massively multiplayer online games (MMOGs)
Embeddable media player development, deployment and syndication
Electronic publishing and distribution
Integrated marketing, contextual advertising and brand management
Viral marketing and Internet based “word of mouth” campaigns
Ad serving, syndication, publication, targeting and tracking
User-generated content ingestion, distribution, syndication and liability-related issues
Digital content screening, moderation and filtering
Online gaming, sweepstakes, contests and promotion compliance
Digital Millennium Copyright Act – safe harbors and anti-circumvention issues
Adoption and content of website Terms of Use agreements
Entertainment
Development and production matters for motion picture and television productions, including writer, producer and director arrangements, guild issues, special effects agreements, location agreements, and other production related matters and documentation
Domestic and international motion picture distribution in all media, including output deals and ancillary exploitation
Cable and television broadcast, syndication and other distribution
Motion picture and television finance, including single- and multi-project finance and all forms of debt, equity and mezzanine financing
Strategic alliances and motion picture and television co-production and co-financing arrangements
Major record label sound recording, publishing and associated rights clearances
Independent music recording, publishing and licensing
Video game development, publishing ,distribution and licensing for all platforms, including console, handheld ,wireless and online games
Professional sports league television licensing and retransmission
Professional athlete employment contracts and talent agreements, including spokesperson, appearance and sponsorship agreements
Literary and other underlying rights acquisition and licensing
Rights clearance for motion pictures, television productions and video games
Product, character and technology merchandising and licensing
Television format licensing
Overall and housekeeping deals with talent elements and production companies
Motion picture and television library acquisitions and dispositions
Network, cable system and satellite affiliation and carriage agreements
Product placement and commercial tie-ins
Motion picture and television marketing agreements and arrangements
Registration and licensing of patents, trademarks and copyrights
Litigation concerning the interpretation of recording, film and distribution contracts
Theme park, gaming and hotel operation
Technology and Information Security
Privacy, data and information security compliance
Information technology, business process, call center and manufacturing outsourcing transactions
Website development, hosting and colocation arrangements
Electronic commerce, publishing and distribution
Technology and data export compliance
Record retention and disaster recovery/contingency planning compliance
Wireless device and network applications
Software/hardware and intellectual property procurement, development, licensing and distribution
Micropayment, contactless payment, smart cards and other alternative electronic payment technology implementations
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