Cooley has broad experience structuring and negotiating transactions involving video and music content, including deals with major U.S. film studios, television networks, record companies, and performing rights societies, such as ABC/Disney, EMI, the Harry Fox Agency, Fox, NBC Universal, Sony BMG, SoundExchange, Turner Broadcasting, Warner, numerous cable networks, ASCAP, BMI, and SESAC. Cooley provides expert counsel related to media procurement and distribution programs, and additionally counsels clients regarding video and music technologies, such as video transcoding software, VOD software and hardware, media network services, video advertising and content distribution via satellite. Cooley’s expertise focuses on pragmatic aspects of achieving optimal business deals while also counseling clients regarding protection of their intellectual property rights and avoiding violations of others’ rights.
How we’re different…
Cooley works with clients on strategies and transactions involving both the procurement and commercialization of media rights. Given Cooley’s roots in the representation of technology-based companies, we are especially well-suited to structuring and negotiating deals involving new methods and technologies for obtaining and distributing digital media content, such as online video and music distribution. What distinguishes our practice are the depth of experience in the area and the practical, business-minded approach we bring to every transaction. Our industry knowledge and broad transactional experience allow us to offer pragmatic and creative solutions to meet and protect our clients’ business objectives – effectively and efficiently.
Representative Transactions
On behalf of numerous venture-backed and public companies, Cooley has provided media licensing and rights clearance counsel of all sorts, including the following examples:- On behalf of a client that aggregates video content, Cooley negotiated agreements enabling distribution of clips (e.g., Warner Brothers cartoon clips) as part of customers’ advertising campaigns.
- In connection with a client’s efforts to facilitate legal downloading and sharing of video and music content by university students, Cooley assisted in procuring movie and music rights from major studios and record labels, enabling, for the first time, legal transmission of video and music content to all U.S. universities and colleges for authorized download by students.
- In connection with a client’s expansion into markets outside the U.S., Cooley negotiated worldwide rights for distribution of audiovisual entertainment content to mobile devices (e.g., cell phones), including rights from Sony BMG, Warner, EMI and many other U.S. and foreign media companies.
- On behalf of a privately held, newly formed media company, Cooley structured and negotiated procurement of U.S. distribution rights for blockbuster films such as “The Lion, the Witch and the Wardrobe.”
- In connection with a subsidiary’s spinout from Disney, Cooley worked on behalf of the company’s investors to obtain film distribution rights from major U.S. studios, permitting first-of-its-kind over-the-air film broadcasts for on-demand exhibitions within homes.
- On behalf of a large U.K. public company, Cooley negotiated rights permitting distribution of television and movie programming via Internet Protocol throughout the U.S., including negotiation of dozens of network affiliation agreements and local station retransmission rights.
- Cooley has counseled start-up clients regarding how to structure their business models to facilitate statutory licensing of content for Web broadcasting.
- Cooley routinely represents several leading Internet portals in content aggregation deals.
- Cooley structured and implemented a large public company’s program for broadcasts of online “radio” through multiple distributors worldwide.
- On behalf of a major network of U.S. radio stations, Cooley has procured rights enabling creation and distribution of CDs featuring top recording artists.
Related practices
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