Sep
30
2009
News reports in recent weeks have revealed how disputes over the ownership of certain critical IP may derail eBay’s $1.9 billion deal to sell a stake in the well-known internet communications company Skype. In the latest development companies owned by the founders of Skype filed additional lawsuits last week against eBay and its future investors. At the heart of the dispute is the peer-to-peer technology called “global index” (“GI”) that is critical to Skype’s success. Somewhat surprisingly, the GI technology, which was developed by Skype’s founders, Janus Friis and Niklas Zennstrom, is not owned by eBay or Skype. Rather it is owned by Joltid Ltd., a company controlled by Friis and Zennstrom. Continue Reading »
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Mar
18
2009
Hughes Hubbard & Reed announced today that Clark Siegel, formerly co-chair of the Intellectual Property Group and a member of the Entertainment Department at Irell & Manella, has joined Hughes Hubbard’s Los Angeles office as a partner. Mr. Siegel’s practice involves traditional entertainment and media, including film, television and video game development, production, distribution and finance, as well the convergence of technology and entertainment and the delivery and exploitation of content through new media, platforms and technology. Continue Reading »
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Sep
11
2008
On the Cutting Edge of Convergence
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)
- Mergers & acquisitions, strategic alliances, online sponsorships/promotional collaborations and joint ventures
- 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
- Technology transfers and acquisitions
- Technology service and maintenance agreements
- Domain name disputes
New Media, Entertainment and Technology Attorneys
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Aug
26
2008
Apparently the AP is taking issue with the use of its content (including both text and photos) by bloggers who are relying on the U.S. Copyright law doctrine of “Fair Use” (which allows the use/reproduction of copyrighted material for the purposes of critiquing such content without the permission of the copyright holder) as a shield from liability for copyright infringement claims. In recent months the AP has issues multiple DMCA-takedown notices to social discussion/blog websites, including seven notices to the news discussion site “Drudge Retort” (http://www.drudge.com/cadenhead.htm), written by Rogers Cadenhead, and a notice to the blog site known as “Snapped Shot” (http://www.newshoggers.com/blog/2008/06/fair-use-and-th.html), which features and critiques certain news photos. The AP is claiming that such sites are misappropriating its content and that such sites’ claims of “fair use” in connection therewith are invalid. Continue Reading »
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