HHR New Media, Entertainment and Technology Group

This first-of-a-kind, publicly-available, law firm-hosted, CLE-accredited Webinar will focus on the critical issues that are confronted in game transactions. Our team will address issues such as:

• Structuring relationships between developers and publishers and the ownership issues that arise in development agreements, including work-for-hire, joint ownership and cross-licensing issues;
• Protecting against developer default or insolvency, including the pros and cons of source code escrow arrangements and the applicability of Section 365(n) of the Bankruptcy Code;
• How clearances and consents have become critically important with the increased incorporation in games of real world elements (cities, buildings, people, etc.) and third party IP (e.g. music, video clips, characters, logos, etc.), with an examination of recent case law (Kirby v. Sega and Grand Theft Auto/Pig Pen); and
• Strategies to maximize revenues from online and mobile games, including sponsored exclusive features and content, “in-game” ads, syndicated games, and tiered subscriptions.

The one-hour Webinar will also feature “live chat” functionality to enable viewers to ask questions and comment on the presentation in real-time.  Presentation materials will be available for download.

The Webinar will be held on September 16, 2009 from 1:00 pm to 2:00 pm EDT.  To register, click here.

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 »

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

  Royalty Rate Analysis

After months of hearings, testimony and deliberations, on October 2, 2008, the United States Copyright Royalty Board (CRB) announced newly established rates for royalties to be paid to writers and composers (as opposed to performers) whose musical compositions are made and distributed as sound recordings (i.e., phonorecords), including via (1) physical recordings (e.g., CDs, tapes, vinyl, etc.), (2) permanent digital downloads, (3) ringtones, (4) limited/tethered digital downloads and (5) interactive streaming. Continue Reading »

As we previously noted, it was recently reported that in the midst of the Copyright Royalty Board (CRB) hearings, the publishers, record labels and digital music providers (DiMA) agreed to a settlement on the royalty rates for limited downloads and Internet streaming, that are scheduled to ratified this October by the CRB. Given the sides’ position throughout the process on this issue was so far apart, it seemed as though these rates, in particular, would certainly be left to be decided by the CRB judges. But in the wake of this news of agreement, the logical conclusion is that the parties agreed on a revenue equation for the rates, as has been the case in other countries for publishing royalties, where the publishers are guaranteed the greater of a certain percentage of revenue or an amount per subscriber, download, stream, play, etc. Continue Reading »