Dec
29
2008
The Ninth Circuit will issue an opinion addressing the constitutionality of content-based regulation on the sale and rental of violent video games in the next few months. Since policymakers are expressing growing concerns over the possible effects of violent video games on the psychological and emotional well-being of children, this decision is expected to play an important role in determining what boundaries, if any, constitute permissible regulation of video game content.
The statute at issue is a 2005 California law that would prevent minors from renting or purchasing violent video games that depict serious injury to human beings in a manner that is “especially heinous, cruel, or depraved.” Retailers who rent or sell such games in violation of the act would face a maximum fine of $1,000 for each violation.
Shortly after this law was enacted, its constitutionality was challenged by the Video Software Dealers Association and the Entertainment Software Association, two trade associations that represent companies in the video game industry. The groups argued that video games are protected speech under the First Amendment and that the act constituted an impermissible restriction on such speech. The district court agreed with these arguments, holding that the law was unconstitutional and granting a permanent injunction against its enforcement. 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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