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Digital Media

As the number of devices that connect to the Internet increases and audio and video content offerings grow, understanding issues unique to digital media and the wireless Web is critical to properly leverage your business.

We provide extensive counsel related to streaming media; the download of music, games and video; the distribution of multimedia content over emerging technologies; social networking and user-generated content issues; and the operation of Internet-based studios, gaming services and radio stations. We provide advice related to the provision of ring tones, wallpaper, audio and video content and/or video games to wireless handsets, kiosks and appliances. We are also experienced with issues related to file-sharing services, user-generated content, streaming and downloading television programs and movies, operating Wi-Fi networks, and production of content for distribution over the Internet.

The heart of digital media is the content. We provide all types of content-related services to our clients. We negotiate inbound and outbound content licenses and syndication agreements in the United States and around the world, including Europe, India, Australia and the Middle East. We also negotiate work for hire, appearance, copyright assignment and other talent agreements with authors, photographers and other contributors. We have extensive experience analyzing potential liability related to website content, including chat rooms, copyright clearance, bulletin boards and third-party content providers. We also provide pre-publication review, copyright clearance and other traditional newsroom advice.

The success of any website depends heavily on the quality of the underlying technology and infrastructure. We negotiate Web hosting, website design, bandwidth and network security contracts to ensure that a site is always available and protected against intrusion. We also regularly negotiate agreements for the provision of additional website services through partnerships and ASPs, such as coupon services, ticket exchanges and personal advertisement services.

We help clients by protecting their domain names and trademarks and by providing website reviews to identify potential liabilities and recommend best practices. We analyze how to protect your brand by determining which domain names should be registered and how to protect you from misuse of meta tagging and other trademark issues. We also regularly provide advice on cybersquatting and participate in proceedings before ICANN and pursuant to the Anti-Cybersquatting Act.

Leveraging advertising, sponsorship and e-commerce opportunities is critical to a website’s survival. We have extensive experience with agreements for online advertising, joint marketing, data analysis, online sponsorship and other marketing arrangements. We also have experience providing e-commerce-related support, including agreements for sales agents and resellers, commission sales, barter, and other arrangements for the online sale of goods and services.

In today’s global networked environment, ensuring that a company’s infrastructure and operations are properly organized and secured is critical. We regularly negotiate agreements for all of a client’s back-end needs, including data storage, network monitoring, customer support, payment processing, warehousing, outsourcing and fulfillment.

With increasing concerns about privacy, you need lawyers who know how to apply the laws to your online operations. We draft privacy policies and terms of use for our clients’ websites. We also provide advice on COPPA, Gramm-Leach-Bliley, HIPAA, European privacy and data protection laws, Canadian data privacy laws, and spam and data breach laws. We closely track FTC and FCC developments related to privacy.

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