The Firm’s expertise in digital media includes intellectual property licensing, policy developing and compliance, and is on the forefront on emerging technology matters.
The internet and the ease of distributing digital content have given rise to new online and digital entertainment companies. These new digital technology companies are also revolutionizing the way content is created, edited, produced and distributed—both for consumers and for large media companies. The firm advises these new companies and traditional entertainment companies which are expanding into new areas. We have extensive experience in structuring and executing financing, joint ventures, website and mobile application development and monetization, content and technology licensing, new media production and multi-platform distribution, joint ventures and strategic alliances, privacy and data security, co-marketing and co-branding, interactive advertising, e-commerce, branded entertainment, endorsements and sponsorships, online and mobile gaming, and contests and sweepstakes promotions.
Intellectual Property Licensing and Protection
The Firm’s licensing expertise helps technology companies and content owners extract maximum revenue from their proprietary IP by structuring and executing outbound license agreements utilizing fee models ranging from royalties and minimum guarantees, to complex revenue sharing arrangements involving distribution and advertising revenue, to acquisition of equity or warrants in the licensee. The Firm also has deep experience acquiring professionally produced content (including short-form and long-form music, television and motion picture content) from major media conglomerates for distribution via new media platforms, and acquiring software and attendant services from vendors providing cloud computing, development and hosting services, content distribution platforms, customer acquisition engines, payment processing systems and digital rights management measures. We provide thorough analyses of copyright, trademark, publicity and other intellectual property rights, and advise clients in connection with the protection of such rights (including domain names and trade secrets) in digital distribution channels.
Policy Development and Compliance
The Firm assists clients with the implementation and maintenance of terms of service, privacy policies, end user license agreements and other documentation setting forth end users’ rights and obligations with respect to clients’ digital properties. Our attorneys have extensive knowledge of privacy and data security laws and regulations governing the data collection that is essential to clients’ online, mobile and social media-based advertising, marketing and promotional initiatives. We evaluate client practices to assess liability risk, and tailor clear, concise policies to bring clients into compliance with legal requirements and industry best practices. We also counsel clients on matters arising from the Digital Millennium Copyright Act (DMCA), the Children’s Online Privacy Protection Act (COPPA), the Communications Decency Act (CDA), the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), and state and federal anti-lottery and anti-gambling regulations.
Outside General Counsel Services
The Firm offers efficient and cost-effective outside counsel services to clients (in particular, to start-up companies) in the entertainment, media and technology sectors. Our general counsel services include general corporate governance, content and technology licensing, vendor engagement and management, venture equity and debt financings, mergers and acquisitions, employment counseling, intellectual property protection, and business entity formation. For clients without an in-house legal department, we bring senior-level attention not only to significant transactional matters but also to such clients’ day-to-day commercial activities and legal issues.