Aug
28
2009
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.
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Jun
26
2009
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 »
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Nov
06
2008
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 »
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Sep
15
2008
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 »
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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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