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, sports, advertising, privacy, social media, and Internet matters, with a particular emphasis on mobile, 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 2001 and teaches the law section of the Advanced Interactive Marketing and Digital Publishing certificate programs at the University of Washington.

Kraig's clients include: adidas America, Amplify, Belo, Comcast, Discovery, E! Entertainment Television, Holland-America Lines, KCTS-TV, Microsoft, Nintendo, Pokemon USA, Random House, REI, Root Sports Northwest, Seattle Times Company, T-Mobile, Vulcan, and Washington Film Works.

Practice Highlights

Media/Entertainment

• 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 digital distribution), network affiliate agreements, life story and book option rights, video game development and distribution contracts, sponsorship agreements, brand integration agreements, endorsement agreements, merchandising agreements, model and photo releases, advertising agreements and various other entertainment contracts
• Provides regular advice and due diligence on copyright clearance, rights analysis, and rights of publicity issues, particularly on use of properties in a digital and/or mobile environment, including user- generated content and social media issues. Provides pre- publication review of books, articles, website and blog postings 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

Sports

• Drafts and negotiates broadcast rights, distribution and over-the-top application agreements with sports leagues, universities, and others, Handle clearance issues for sports footage, television production infrastructure agreements, and other sports-related production and broadcast contracts for television and digital media
• Drafts and negotiates sponsorship agreements, endorsement agreements, merchandise license agreements and provide counsel regarding associations with athletic leagues, teams, and events
• Counsels professional sports teams, sponsors and vendors working with teams, leagues, and athletic facilities

Games

• Represents publishers, consoles, platforms, and rights holders with respect to drafting and negotiation of game development, publishing, and distribution agreements for consoles, on-line play, mobile, and board games
• Counsels game developers and publishers on ancillary revenue strategies, including negotiating merchandising agreements, transmedia arrangements, and in-game advertising policies
• Advises on music related issues related to video games

Technology/Internet

• Provides Internet, mobile, and technology-related advice to and has participated in 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 the "Cloud," social media, data management agreements, outsourcing contracts, open source issues and joint development agreements
• Drafts and negotiates content licenses, software licenses (both open source and closed source), hosted services agreements, application development agreements, enterprise systems licenses, software development agreements, hardware procurement and development agreements, master services agreements, website 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 website privacy policies and terms of use
• Advises on copyright, trademark and defamation issues, including pre- publication review of website content and other basic publisher liability advice for websites
• Drafted and negotiated more than three 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 data collection processes, database and customer list licensing, data retention and security policies, behavioral advertising, impacts of user-generated content, spyware and "cookie" issues, encryption, watermarking and digital rights management, and compliance with Gramm-Leach-Bliley, COPPA, CAN- SPAM Act, HIPAA, FTC Enforcement Actions, required privacy disclosures, the EU Privacy Directive, Canadian privacy laws, and various other federal and state privacy 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, social media policies, document retention policies, privacy policies and website 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), content and sweepstakes rules, 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, behavioral advertising, viral and guerilla marketing, 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 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