Kraig L. Marini Baker

Kraig Baker focuses on advising clients and providing assistance with licensing transactions across the full range of issues in media, entertainment, technology, advertising, privacy and Internet matters, with a particular emphasis on digital media and entertainment. He is also an adjunct professor to the Masters in Digital Media Program in the School of Communications at the University of Washington, where he has taught classes on "Digital Media Law and Policy" since 2002 and teaches the law module in the Advanced Interactive Marketing certificate program at the University of Washington.

Kraig's clients include: adidas America, Comcast, Comedy Central, Discovery Communications, E! Entertainment Television, KCTS-TV, Fox Sports Northwest, Microsoft, Nintendo, Pokemon USA, Seattle Times Company, T-Mobile, TMZ.com and Washington Film Works.

Practice Highlights

Media/Entertainment/Sports

• Drafts and negotiates publishing and consulting agreements, music licensing agreements, talent agreements, live event contracts, television, film, theatre, and event production contracts, television and film distribution agreements (including IPTV and other digital distribution), affiliate agreements, life story and book option rights, video game development and distribution contracts, event sponsorship agreements, product placement agreements, merchandising agreements, model and photo releases, advertising agreements and various other entertainment contracts
• Drafts and negotiates athletic sponsorship and licensing agreements, broadcast rights agreements with sports leagues, universities, and others, tournament webcasting agreements, clearance issues for sports footage, and other sports-related contracts
• Provides regular advice and due diligence on copyright clearance, rights analysis, and rights of publicity issues, with particular emphasis on use of properties in a digital and/or mobile environment, including user-generated content and social networking issues. Provides pre-publication review of books, magazine articles, Web site and blog postings and newspaper articles for various publishers
• Serves as production counsel for independent film, television, Web and video game productions and digital music services, including providing advice on all aspects of day-to-day production issues

Technology/Internet

• Provides Web, e-business and technology-related advice to more than 100 companies and has participated in more than 800 Internet- and technology-related transactions on behalf of established businesses, large Internet and technology companies and smaller startups. These transactions have involved many of the industry's leaders and have dealt with many cutting-edge issues facing technology, including Web 2.0, social networking, outsourcing contracts, open source issues and joint development agreements
• Drafts and negotiates content licenses, software licenses (both open source and closed source), enterprise systems licenses, software development agreements, hardware procurement agreements, ASP and master services agreements, Web site and wiki design and hosting agreements, webcasting and retransmission agreements, joint marketing agreements, consulting agreements, distribution and fulfillment agreements, business to business arrangements, financial transaction agreements, video game creation, production and distribution agreements, fulfillment, distribution, and warehousing agreements, agreements with technology transfer offices, and Web site privacy policies and terms of use
• Advises on copyright, trademark and defamation issues, including pre-publication review of Web site content and other basic publisher liability advice for Web sites
• Drafted and negotiated more than two dozen international agreements with foreign companies in Australia, Canada, China, Denmark, Egypt, Germany, Guatemala, India, Japan, Malaysia, Russia, South Africa, Turkey and the United Kingdom

Privacy and Security

• Regularly advises on privacy and security issues, including designing opt-in and opt-out systems, database and customer list licensing, targeted advertising, impacts of user-generated content, spyware and adware issues, encryption, watermarking and digital rights management, and compliance with Gramm-Leach-Bliley, COPPA, CAN-SPAM Act, the USA Patriot Act, the EU Privacy Directive, Canadian privacy laws, and technology and encryption export issues
• Regularly advises on accessibility issues relating to online access by persons with disabilities in the United States and internationally 
• Drafts and negotiates database licenses, network security agreements, privacy policies and Web site terms of service

Advertising and Merchandising

• Drafts and negotiates, on behalf of advertisers, advertising agencies and media companies, sponsorship and promotional agreements, agreements with advertising and public relations agencies, merchandising agreements for various entertainment properties (including clothing, toys and games), advertising agreements and insertion orders for print, Internet, television and radio, video games, advertising policies, dynamic and static product placement agreements, and trademark licenses
• Regularly provides pre-publication review for advertising and advice on trademarks, privacy issues, advergames, buzz marketing campaigns, rights of publicity issues, FTC and other regulatory compliance issues, CAN-SPAM Act and wireless spam issues, and content liability issues

Telecommunications

• Regularly provides advice to telecommunications companies on Wi-Fi, mobile entertainment and content carriage issues, including copyright clearance and DMCA safe harbor and related issues
• Drafted and negotiated ring tone, Java game and wallpaper licenses, roaming agreements, subscriber agreements, joint marketing agreements, software services agreements, building access agreements, rooftop licenses, and office and technical space leases