Five Qualities of Next Generation Entertainment Platforms

If your only exposure to TikTok is seeing the occasional funny video pop up on Facebook or watching your nieces studiously rehearse one of Charli D’Amelio’s signature dances, then you could be forgiven for wondering what all of the fuss about a potential ban is about. Likewise, if you’ve heard of Fortnite but you have

Contractual Disruptions: How They Arise and How to Prepare

With the recent spread of the novel coronavirus COVID-19 and its unprecedented precipitation of social-distancing, work-from-home policies, shelter-in-place orders, and limitations on foreign travel, many individuals may be questioning whether certain contractual obligations are excused. This article provides a primer on the contract concepts of force majeure, impossibility and impracticability, and related provisions that affect,

CDAS Partners Briana C. Hill and Benjamin Jaffe Named Co-Chairs of the Entertainment and the Digital Media & Technology groups, respectively.

Briana Hill, Co-Head of the Beverly Hills office of Cowan DeBaets Abrahams & Sheppard LLP, joins Fred Bimbler and Simon Pulman in leading the firm’s Entertainment group, which includes televison (traditional to broadband), streaming, film, new media, talent, theatre and podcasting. The group assists clients with their entertainment projects through early development, the solicitation of

Fair Use in Gaming Content – FAQS For Creators

Fair use is one of the most important – and most misunderstood – concepts in the area of copyright law. It is an important concept for anyone who is using content owned by third parties – which includes anyone who livestreams gaming, creates “let’s play” videos or otherwise uses gaming assets and branding. Unfortunately, there

Instagram Beats Attempt At Class Action Over Change In Terms Of Use

In Rodriguez v Instagram, CGC-13-532875 (San Francisco Sup. Ct. Feb 28, 2014), the Superior Court of California, County of San Francisco, rejected a proposed class action  lawsuit brought against Instagram LLC in connection with modifications to its original Terms of Use, instituted after the free photo-sharing platform was purchased by Facebook, Inc.  The lawsuit challenged Instagram’s

Fourth Circuit Holds That Clicks May Transfer Copyright: Metropolitan Regional Information Systems, Inc., v. American Home Realty Network, Inc.

On July 19th, 2013, the Fourth Circuit held for the first time that copyright interests can be transferred electronically under Section 204 (a) of the Copyright Act. The Fourth Circuit’s decision adds to a growing body of law suggesting that an electronic “click” or “tap” can constitute a “signed writing” for purposes of transferring copyright

FTC Issues New Guideline Report for Online and Mobile Advertising Disclaimers

The Federal Trade Commission (“FTC”) issued new guidelines this week for media outlets, advertisers, brands, celebrity brand spokespeople and other parties advertising products online. The report, titled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” builds upon the FTC’s previous report on digital marketing practices, issued in 2000. In addition to emphatically clarifying

Facebook Introduces Graph Search, Privacy Challenges Possible

Facebook recently unveiled “Graph Search,” an innovation designed to help users find and connect their friends by their interests, shared history, and past activity on the social networking platform. The new feature, which will begin beta testing soon, greatly expands the search capabilities of the Facebook platform in a move some commentators speculate may help

Small Screen, Bigger Picture

On December 27, 2012, the U.S. District Court for the Central District of California issued a preliminary injunction against Aereokiller (formerly known as BarryDriller.com), a service founded by Alki David, someone not unfamiliar with television transmission and the law. Previously, in conjunction with rulings involving a similar technology at issue in WPIX v. ivi in