A excerpt from a webinar to media and entertainment companies on the basics of acquiring and licensing content in the digital age. Presented 7/9/09.

1. Media 2.0: Understanding the
Legal Risks of New Digital
Technologies in Media &
Entertainment
Presented by:
Kathleen A. Kirby
William B. Baker
Jennifer L. Elgin
Daniel B. Hassett
Bruce G. Joseph
July 9, 2009
These slides are accompanied by an oral presentation and should not be relied
upon as legal advice

2. What You Need to Know About
Licensing Intellectual Property
Jennifer L. Elgin
Of Counsel, Intellectual Property

3. Distinguishing Some
Types of IP
• Patents - original inventions
• Copyrights - original expression of ideas
• Trademarks – anything (words, phrases,
symbols, colors, smells, sounds) that identifies
the source of goods or services
• Rights of Publicity/Privacy - right of people to
profit from their personality

4. Distinguishing Some
Types of IP (cont’d)
Patent & Trademark & Copyright &
Trademark Copyright ROP

5. Insert dummy website

11. The Golden Rule of Licensing
Content:
IF YOU CREATED IT,
YOU OWN IT.
IF YOU DID NOT, YOU MUST
ACQUIRE THE RIGHT TO USE IT.

12. Make Sure “You” Created It: Work
Made for Hire Agreements
• Work must be “specially ordered or commissioned”
• Prior to commencement of work, parties agree in writing
work will be “made for hire”
• Work falls into one of 9 narrow categories, such as: a
translation, a contribution to an audio-visual work, a
contribution to a collective work
• Because the test is somewhat uncertain – good practice is
also to get an assignment

13. Content License Agreement
Key Provisions
• Does Licensor own all rights?
• Scope of use – time, territory, method of delivery:
“All media now known or hereafter devised”
• Scope of rights granted
• Exclusivity
• Representations, warranties, indemnifications
• Termination rights
• Sub-license rights
• Choice of law
• Approval rights

14. User-Generated Content
• Did not create content, not a work made for hire
• Get sufficient licensed rights or assignment in
Terms of Use
• Liability for unlawful third party content
• DMCA Registration – Copyright Act §512(c)
– Copyright Policy
– Appoint agent & notify Copyright Office
– Termination of repeat offenders

16. Bio & Contact Information
Jennifer L. Elgin is a member of the Intellectual Property
Group of Wiley Rein LLP. She handles trademark,
copyright, domain name and unfair competition litigation,
as well as intellectual property prosecution, licensing and
counseling. In addition, she advises clients on right of
publicity and privacy compliance, internet/new media
related issues, licensing, work-for-hire and other rights-
related agreements.
202.719.7453 | jelgin@wileyrein.com