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Digital Media/Internet/Entertainment

We have advised clients on numerous transactions involving digital media, Internet and E-commerce, and music and film industry transactions, including:

  • Merchandise, Likeness and Promotion Licenses
  • Digital Music Streaming and Webcasting Licenses
  • Website Development/Hosting Agreements
  • Online/Website Terms of Use and Service
  • Online, Game and Wireless Content Licenses and Clearances
  • Video Game Development and Platform Agreements
  • Video Game Publishing and Distribution Agreements
  • E-Commerce, Co-Branding, Co-Marketing Agreements
  • Web Advertising Agreements
  • Website Linking Agreements
  • DMCA Safe Harbor Policies and Compliance
  • Recording and Music Publishing Agreements
  • Film Composer Agreements
  • Personal Management Agreements
  • Privacy
    • Website and enterprise privacy policies
    • Data Transfer Agreements
    • EU Data Directive Safe Harbor
    • COPPA
    • HIPAA

Representative Transactions:

Represented MusicMatch (since acquired by Yahoo!) in negotiating a Webcasting Performance and Ephemeral License Agreement with the SoundExchange division of the Recording Industry Association of America (RIAA), to allow digital music performances on MusicMatch's Web radio service. The blanket license was one of the first with the RIAA utilizing the compulsory license scheme for digital performances of sound recordings under the Digital Millennium Copyright Act (DMCA), and covered the recording catalogs of all of the RIAA-represented major labels.  

Counseled Sony Online Entertainment on the restructuring of its IP ownership, amendment of existing development and publishing agreements, drafting agreements for the transfer of online game technology and patent rights.

Represented Eidos Interactive (“Lara Croft - Tomb Raider”) in its multimedia game development, publishing and distribution agreements with Disney, Microsoft, Sega and Blockbuster Video.

Represented Toysrus.com in its strategic alliance and co-marketing agreement with Amazon.com for an exclusive, co-branded toy store “tab” on the Amazon.com website, and the transfer of the management and operation of Toysrus.com’s entire online, e-commerce operations to the Amazon.com website. 

Negotiated and managed many of the initial marketing and alliance agreements for  E*Trade Group’s online brokerage presence, as well as its international brokerage alliance joint ventures in Canada, Australia, Korea, Japan and Italy, including marketing alliances with AOL, CNNfn, ZDNet, Yahoo, Microsoft Network,  Amazon.com, Intuit, E-Loan, First Virtual Holdings, GeoCities, Netscape, CNBC, MSNBC, Softbank, Excite, Newsweek, CNET, CBS Sportsline, USA Today Financial Marketplace, Warner Bros., American Airlines Aadvantage, United Airlines (Mileage Plus), Robertson Stephens & Co., Cybercash, Visa, Varilease, 3Com/Palm Computing, Ethos, Prodigy, Infoseek, Pointcast, Critical Path, SinaNet, CompuServe/SpryNet, GTE Sprint, AT&T, BellSouth and many others.

Represented Signatures Network, Inc. (a subsidiary of Live Nation) in drafting and negotiating Merchandising, Licensing, & Marketing Agreements, Publishing Agreements, Wireless Content and Ringtone Agreements, Official Website, Fan Club, Online Ticketing and Online Store Agreements, and Website Terms of Use and Privacy Policies for many of the world’s best known, top recording artists (present and past), entertainment personalities, and television production companies.





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