HHR New Media, Entertainment and Technology Group

We had previously written about the proposed Patent Reform Act of 2009 that was introduced in Congress.  On April 2, the Senate Judiciary Committee approved a version of the Patent Reform Act reflecting a number of compromises (click here for the Senate redline of the bill).  Although the bill survived a vote in the committee by a comfortable margin, Senator Arlen Specter noted that further revisions to the bill could cause the coalition that supported its passage through the committee to unravel. Continue Reading »

The patent reform movement is gearing up again in Congress.  The Patent Reform Act of 2009 (click here for the text of the bill introduced in the Senate) may have a better chance to pass this time around not only because of the provisions that are included in this bill, but also because of the provisions removed from prior versions.  Whether passage is a good idea is another question. Continue Reading »

Earlier this week, in a decision that could have implications for the many media and technology companies providing streaming and on-line subscription services, the Federal Circuit upheld a district court’s grant of summary judgment in favor of RealNetworks in a patent infringement suit brought by Friskit, Inc.  The decision relied on the U.S. Supreme Court’s 2007 decision in KSR Int’l v. Teleflex, a case that substantially altered the framework to assess the patentability of inventions.  (HHR filed amicus briefs on behalf of a number of large technology companies in KSR at the certiorari stage and at the merits stage.  For a more detailed discussion of the KSR decision, here is an eAlert we prepared shortly after that decision was made.) Continue Reading »

Our colleagues in the HHR Patent group, led by Peter Sullivan, recently filed an amicus brief on behalf of the American Intellectual Property Law Association to explain to the Fifth Circuit how the federal district court for the Eastern District of Texas was routinely misapplying the federal transfer statute, a trend that was having have serious ramifications for patent litigants.  Click here for for more information on the decision and HHR’s role.

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

• Dan Schnapp
• Rita Haeusler
• Wayne Josel
• Peter M. Langenberg
• Lindsay Orosz
• Matthew Syrkin
• Other Attorneys