Tag Archive 'Infringement'

Aug 04 2009

Did Facebook look before it leaped with its Usernames program?

Since Facebook launched its Facebook Usernames initiative in mid-June, over 6 million unique individuals have registered usernames for their personal profiles, and over 15,000 usernames have been registered for Facebook Pages as well, which are commonly used by businesses and other organizations.  In many ways, the program looks like a proprietary domain name registration system.  However, when we read that Facebook is claiming ownership over every username, an assertion attributed to a company spokesman, we realized that Facebook is not acting like a domain name registrar.  We also wondered about the legal basis of such a claim.

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May 18 2009

In-Game Placement: Guns, Guitars and Gadgets: Think Again Before You Depict Something You Don’t Own or License in Your Video Game

Published by Matthew Syrkin at 12:42 pm under Fair Use, Gaming, Intellectual Property, Technology

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 »

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Apr 16 2009

Pirates Walking the Plank? – Entertainment Industry Awaits P2P Trial Verdict

Published by Wayne Josel at 1:29 pm under Litigation, Music

UPDATE (4/14/09, 12:14 pm):  The court found the Pirate Bay defendants guilty and sentenced them to 1 year in prison and ordered them to pay $3.6 million in damages to several record labels.

Tomorrow a Swedish court is expected to announce it’s ruling in a criminal case that has been closely watched by nearly everyone with a stake-financial or otherwise-in the free-wheeling world of P2P file swapping.  At its core, the ruling will determine whether the operators of the Pirate Bay, the popular torrent johnnydeppgeoffreyrushsearch and indexing site, are guilty of violating Sweden’s copyright law.  A conviction-which many observers expect-could lead to imprisonment and a possible fine, as well as a shut-down of the site.  However, despite the potential immediate impact on the Pirate Bay and its operators, the broader implications of a guilty verdict, including whether or not it will serve as a deterrent against unauthorized file-sharing, are a little less certain. Continue Reading »

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Mar 18 2009

Clark Siegel – Partner

Published by Clark Siegel at 10:56 am under Uncategorized

Clark B. Siegel is a partner specializing in transactional matters and counseling in the fields of entertainment, technology, media and communications, and intellectual property. He is included in The Best Lawyers in America, Who’s Who in American Law, The International Who’s Who of Professionals, Los Angeles Magazine’s Southern California “Super Lawyers,” and The Los Angeles Times’ “Best Lawyers in the West.” Mr. Siegel has also been recognized as one of the leading lawyers in the U.S. by The Legal 500 US guide and as a leading media and entertainment transactional lawyer by Chambers & Partners in its 2008 Chambers USA Leading Lawyers for Business Guide.

Mr. Siegel is nationally recognized as a leader in matters involving the convergence of technology and entertainment and the delivery and exploitation of content through new technologies, media and platforms. His combined expertise in the core fields of entertainment, technology, media and communications, and intellectual property have given him an interdisciplinary perspective and a unique ability to structure business relationships, models, and transactions and provide comprehensive legal and business counseling in this complex and cutting edge area. Specific technologies and applications that Mr. Siegel has been involved with (on behalf of both content and technology companies) include the digital cinema projection, CGI animation, video on demand and electronic sell-through, high definition DVD, satellite and wireless delivery, peer-to-peer distribution, digital cable, digital video recorders, cellular phones, interactive television, fiber-optic transmission, and other digital and analog applications.

In addition, Mr. Siegel has been involved in legal matters and transactions relating to the Internet since the early 1990s, making him one of the most experienced and knowledgeable attorneys practicing in this area. He has represented a number of the primary players in the Internet sector, including ISPs and portals, e-commerce companies, infrastructure and equipment companies, and content and entertainment providers, as well as numerous start-up and emerging growth companies. Transactional matters handled by Mr. Siegel for Internet clients include venture capital financings, strategic alliances and joint ventures, cross-marketing and interactive marketing deals, linking agreements, carriage and distribution arrangements, technology and website development agreements, content and technology licenses, e-commerce agreements, counseling relating to privacy issues, user generated content and social networking, and numerous other matters.

In addition to his work in the area of technology/entertainment convergence and the Internet, Mr. Siegel continues to practice actively in his sub-specialty areas of entertainment, technology, media and communications, and intellectual property.

In traditional entertainment, for over 25 years, Mr. Siegel has represented motion picture and television production companies, studios, networks and distributors, investors and financiers, and other parties in connection with development, production and services agreements, rights acquisitions and clearances, licensing and distribution arrangements, output agreements, co-productions, financing transactions, joint ventures, library acquisitions and sales, commercial tie-ins, output agreements, housekeeping deals, workout transactions, special effects, and other matters. He also has extensive experience in related areas such as book publishing, merchandising, music publishing, computer and video games, and other interactive software products.

Mr. Siegel’s experience in technology transactions includes numerous software development and licensing agreements, reseller and distribution agreements (e.g., OEM, VAR, and sales rep. agreements), technology development agreements, joint ventures and strategic alliances, manufacturing and supply agreements, patent and trademark licensing, outsourcing transactions, technology procurement agreements, service and maintenance agreements, technology transfers, beta test agreements, open source development arrangements, and other technology transactions.

In media and communications, Mr. Siegel has represented MSO cable and satellite operators and broadcasters and programming services, in connection with programming acquisitions, carriage and affiliation agreements, cable franchise acquisitions and transfers, system swaps, transponder leases, mergers and acquisitions, financing transactions, and other matters. He has also worked on various matters and projects in the telecommunications field such as agreements for the construction and operation of high-speed communications infrastructures and networks, satellite carriage of communications signals, telecommunications services agreements, interconnection and networking agreements, hosting agreements, fiber-optic leases and easements, financing transactions, and other matters.

Throughout all of these practice areas, Mr. Siegel has developed a thorough understanding of copyright, trademark, trade secret and other intellectual property laws. He is frequently involved in licensing and other transactional matters relating to intellectual property, as well as general counseling regarding intellectual property matters and issues.

Publications

  • “The Use and Advantages of Arbitration in International Commercial Contracts,” Inside the Minds: International Trade Legal Strategies, published by Aspatore Books, 2007.
  • “Mobile Phone Ring Tones – Digital Technology Once Again Pushes the Envelope of Copyright Law,” IP New Matter, Volume 28. No. 1, September 2003.
  • “U.S. Privacy Standards and Practices,” published by Law Seminars International, November 2001.
  • “The Scope and Implications of Internet Privacy,” International Bar Association publication, July 2000.
  • Various Articles, Handbook on Entertainment, Publishing and the Arts, published by Clark Boardman Callaghan (1997 edition).
  • “Net Losses” (discussing copyright infringement on the Internet), California Law Business, February 1996.
  • “Incorporation of Pre-Existing Content in Multimedia Products,” California Law Business, September 1996.

 Lectures and Seminars

  • The Changing Landscape of Film and Television Distribution in the Global Arena: Thinking Outside the Proverbial Box, presentation at Beverly Hills Bar Association symposium, November 2008 (Beverly Hills, California).
  • Negotiating Talent Deals: New World and Old World Templates, presentation and panel moderator at the 50th Anniversary Institute on Entertainment Law and Business of the University of Southern California Gould School of Law, October 2008 (Los Angeles, California).
  • Rights Clearance: Recent Decisions and Case Law, presentation at 22nd Annual Conference on International Audiovisual Law, International Chamber of Commerce, May 2008 (Cannes, France).
  • Reality TV – Unique Legal Issues, presentation at Film and Television Law Conference, CLE International, October 2007 (Los Angeles, California).
  • The Legalities of Reality TV, presentation at Film and Television Law Conference, CLE International, June 2005 (Los Angeles, California).
  • Co-Chair, Conference on IT Governance, International Bar Association Convention, October 2004 (Auckland, New Zealand).
  • Electronic Records Management, presentation at International Bar Association Convention, October 2004 (Auckland, New Zealand).
  • Reality TV – Unique Legal Issues, presentation at Film and Television Law Conference, CLE International, June 2004 (Los Angeles, California).
  • IP Issues in Structuring Deals and Drafting Agreements, Continuing Education of the Bar Seminar, May 2003 (Irvine, California – also presented in Los Angeles, California).
  • Internet Piracy, presentation at LegalTech LA Conference, May 2003 (Los Angeles, California).
  • Protecting Rights in the Digital Economy, presentation at Conference on High Technology and the Emerging Digital Economy, International Bar Association, October 2002 (Los Angeles, California).
  • Unsolicited Commercial E-Mail and the Law, presentation at FBI-Intragard Meeting, October 2002 (Los Angeles, California).
  • Challenges Posed by Peer-to-Peer Distribution, presentation at International Bar Association Convention, October 2002 (Durban, South Africa).
  • US Privacy Laws, presentation at Computer Law Conference, Law Seminars International, November 2001 (Seattle, Washington).
  • Essential Motion Picture Agreements, presentation at Entertainment Law Symposium, Law Seminars International, August 2001 (Los Angeles, California).
  • Internet Privacy Issues, presentation at International Bar Association Convention, October 2000 (Amsterdam, The Netherlands).
  • Digital Distribution of Content, presentation at International Bar Association Convention, October 2000 (Amsterdam, The Netherlands).
  • Protective Provisions for Cross-Border Licensing Transactions, presentation to divisions of Viacom, Inc., February 2000 (Los Angeles, California).
  • Privacy Issues, presentation at Computer Law Conference, Law Seminars International, July 1999 (Los Angeles, California).
  • Legal Issues Affecting New Media, panelist, LA County Bar Association Forum, August 1998 (Los Angeles, California).
  • Protection of Content on the Internet, presentation at Internet and Digital Television Summit: The New Deal, January 1997 (Paris, France).
  • The Internet and World Wide Web, presentation before Japanese Executives Society, June 1996 (Dana Point, California).
  • Use of Motion Pictures as Collateral for Secured Loans, presentation before Entertainment Lenders Society, April 1995 (Los Angeles, California).

Education

  • Stanford University, B.A., 1980, highest honors, Phi Beta Kappa
  • University of Chicago Law School, J.D., 1984, highest honors, Order of the Coif, Member of the University of Chicago Law Review

Bar Admissions

  • California, 1984

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Dec 02 2008

Note to Digital Content Owners: Time to Master Fair Use

One copyright case that owners and licensors of digital content should be following closely in the coming months is the one brought against Universal Music Group by Stephanie Lenz, a Pennsylvania mom who posted a video on YouTube of her young son on a tricycle with Prince’s “Let’s Go Crazy” playing in the background. Universal submitted a DMCA takedown notice claiming that the video infringed its copyright in the Prince song. YouTube immediately removed Lenz’s video.  Lenz was able to get it restored seven weeks after filing a DMCA counter-notification asserting that her video constituted fair use of the song. Lenz then sued Universal for interfering with her legal right to post the video online. Continue Reading »

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