Practice Strengths

Our Digital Media Content Team serves clients in all traditional and digital media. We are a recognized leader in providing counsel to companies navigating the complexities of media law. This is a legacy practice of our firm, beginning at our inception more than 90 years ago when our focus was limited to newspaper clients. As media evolved, we continued to remain at the forefront of media industry issues, today counseling clients in the digital age. We work with clients to make sure the most effective team of lawyers is engaged, and when the need arises, we reach out for support from our IP complementary practices, including White Collar, Commercial Litigation, Employment and Mergers and Acquisitions, among others.

Digital Media and Website Counseling

The Internet offers our clients limitless opportunities to engage in e-commerce transactions and to distribute information and creative content. Our experienced team of lawyers has represented top international, national and regional clients in developing Internet platforms and in negotiating agreements for Internet sales and distribution, information services and computer games. We negotiate agreements for Internet content, service providers and for the distribution of web-based content and programs. We regularly structure and negotiate linking, licensing and service provider agreements.

We counsel clients on domain name, regulatory, privacy and commercial activities, including:

• Search engine optimization (SEO)
• User-generated content (UGC)
• Keyword purchases and other aspects of sponsored advertisements
• Digital Millennium Copyright Act (DMCA)
• Written terms of use for national and international e-commerce sites
• Patents for relating to e-commerce systems and methods
• Authors’ rights of recapture

We counsel companies and famous individuals to protect their names and trademarks on various social media platforms, including Facebook and Twitter.

Advertising and Promotions

Our IP Digital and Print Media Team uses its experience with the media industry to advise clients concerning their marketing and advertising activities, such as:

• Strategies for product placement and advertising in games
• Pay-per-Click advertising (PPC)
• Contests and sweepstakes
• Reviewing advertising and promotional material prior to publication at all stages of production
• Endorsement agreements
• “Clear and conspicuous” advertising disclosures
• Warrantees and guarantees
• Federal and state spam, junk email, marketing and telemarketing laws (CAN-SPAM)

Entertainment

Our team represents clients in music, motion pictures, gaming software and other entertainment fields in areas such as the following:

• Licensing of music, motion pictures, television and other content
• Concert and tour sponsorship agreements
• Performance rights
• Talent agreements
• Distribution and syndication agreements
• Appearance releases
• Exploitation of likenesses

First Amendment / Defamation

BakerHostetler is particularly well-known for developing First Amendment law for media companies and the journalists and writers who work for them. As First Amendment law has evolved—sometimes explosively, sometimes glacially—we have been actively involved in shaping the law in the United States and abroad.

Our Team has helped shape the law of libel and privacy through winning hundreds of cases on summary judgment, at trial or on appeal. In addition, the firm was among the first to question whether the special vernacular and content of the Internet should be governed by the same law that controls language in traditional media.

We also represent media clients in matters related to civil rights, news-gathering rights, reporters’ privilege, copyright, securities and indecency. In addition, we provide counsel and vetting services for books on topics ranging from politics to pop culture.

Our lawyers advise media clients on FCC and FTC regulatory matters related to Internet advertising and dotcom disclosures, behavioral advertising, licensing, facilities modifications, programming and acquisitions. We also offer guidance on complex licensing agreements, copyright protection and intellectual property.