2010
LawTalk: Join our meta meetup if you want to stay on top of the absolute best events in technology, media, entertainment and venture law happening in the New York area. Sponsorship opportunities are available.
New York Technology Community: We are working hard to help develop New York’s technology community. This year, MasurLaw attorneys, 1) chair the NYSBA Technology and Venture Law Committee, 2) have joined the NY Tech Meetup Community Committee, which organizes events for technology start-ups throughout the city, 3) serve on New York’s Industrial and Technology Assistance Corporation Board, 4) have started LawTalk, which meets about legal issues, and 5) have started our Early Stage Services Practice.
Flat Fees for Early Stage Corporate Documents: We are committed not only to our industries, but to the survival of early stage companies who help them grow. As startup lawyers we have dialed down our normal rates to provide a short list of flat fee services every company needs to succeed.
Flat Fee Menu for Film: Filmmakers and producers need to be able to present a solid budget to investors that does not have unforeseen variables. We have created a menu of flat fee services that takes the guess work out of legal budgets for films.
Private Market ISP Licensing Study: Feasibility study on getting copyright holders to agree to a covenant not to sue in exchange for a fee payment for unlicensed content downloads.
Public Market ISP Licensing Level Study: Feasibility study peformed for 2 governments on charging users a statutory compulsory fee for unlicensed content on their ISP invoice and distributing the proceeds to copyright owners.
Unlicensed Content Proceeds Escrow: Legal opinion on legality of escrowing for later distribution monies collected on unlicensed content.
360 Degree Record Deals Initiative: When 360 recording agreements first came into vogue, we created a “due diligence list for 360 deals” to help clarify and make public some of the more unfair aspects caused by record company passive participation in artist income. Our 360 Record Deal Due Diligence List was widely quoted in the music press and used in a great many CLE events on the topic.
FTC-FCC Regulation of Mobile Promotions Initiative: We believe that the dual FTC-FCC enforcement of mobile promotions creates a chilling effect on the growth of the mobile advertising business. We have written articles and done speaking engagements to help clarify this problem in the regulatory community.
Safe Games Act of 2007: We drafted and got support from game companies in New York against a poorly drafted and unworkable statute which, if enacted, would have crippled the video game business in New York.
Compulsory Ringtone Licensing: Our published report on collection and payment of compulsory licenses for ringtones established industry procedure for proper notice and distribution of fees. We are still managing this process for a number of companies today.
User-Generated Metadata Collection (1997, 2006): Legal opinion on the legality of various methods for collecting and commercializing user-generated metadata for online media.
Digital Distribution of Sheet Music: We wrote a legal opinion on digitally transmitting sheet music directly to Yamaha keyboards and helped Yamaha set up this digital distribution service and create a process for paying licensors.
Media Superdistribution: Legal memo on the creation of a music superdistribution referral marketing service, in which customers would refer friends to new music in exchange for a success fee on any sale.
Compulsory Licensing for Monophonic Ringtones: Our initial study on the topic established the mechanical licensing procedure that early ringtone companies used. Thereafter, we helped implement the compulsory licensing notice procedure and early deals for the company that became the market leader for the US ringtones business.
Intellectual Property Earned Income Initiative for Nonprofit (1999): We obtained IRS approval for an “earned income initiative” to support a nonprofit arts organization using an IP revenue stream from a venture-backed company owned in part by the nonprofit. Obtaining this approval was pivotal in th company receiving venture financing from highly respected venture partners.
Film Finance Exchange (1998): We wrote the business plan for the exchange and went through the process to obtain a no action letter from the SEC to allow for a private, invite-only market for trading equity in independent film productions. Built and launched private market.
Digital Distribution of Music (1993): Legal memo on digital distribution of music. Drafted first music digital distribution agreement.
Large Contract Projects
We have combined our M&A due diligence experience with years of experience as outside corporate counsel to refine our efficiency at dealing with large contract drafting or negotiation projects. As a result, we have developed database follow-up processes that insure that nothing falls through the cracks when there are a lot of moving parts in a set of transactions.
• Muze – Managed processes and negotiated large volume of music licensing, metadata and album artwork negotiations and contracts.
• Upoc Networks – Reassembled and documented large volume of undocumented transactions prior to sale of company to new owners.
• MusicStream – Secured music licenses for cross platform, home, mobile and automobile -ready streaming music service.
• Vindigo – Managed contractual transition of client to new service business model, and exploited close relationships with business development team to efficiently complete large volume of transactions.
• Various Ringtone Sellers – Published report on compulsory licensing, and continue to administer to this work for a number of ringtone providers.
• Cductive – Obtained exclusive licensing for custom compilations and digital distribution of hundreds of record labels and made use of close relationship with business development team to efficiently complete large volume of transactions.
• Digital Club Network – Drafted license agreements and negotiated transfer of rights to archive and broadcast hundreds of artists’ live performances in client’s worldwide network of clubs.
• TWEAN – Oversaw and negotiated transfer of cable affiliation agreements, tower leases and all other agreements in the sale of large network of cable affiliates to Time Warner.