Category Archives: Interactive Entertainment & Video Games Practice Area

SAM Client Alert: It’s Time to (Re-)Register Your DMCA Agent

Regardless of whether your company has previously designated an agent to receive notification of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”)—a United States copyright law which, among other things, provides certain safe harbors for internet service providers who may host infringing material—it’s time to do it (again).

Effective as of December 1, 2016, the United States Copyright Office (the “Office”) issued its final rule (codified as 201 CFR Part 201) regarding designation of DMCA agents via the Office’s new electronic system. Under the new rule, any service provider that previously designated a DMCA Agent must resubmit through the electronic system by December 31, 2017, or it will lose safe harbor protection notwithstanding any prior registration.

If you need to register, or re-register, here’s what you should do:

  • Create an Account. In order to designate a DMCA agent using the new system, you must create an account. You may also engage a third party, including your legal counsel, to complete the registration on your behalf.
  • Register Your Company. Once an account has been created, you or your designated representative can log in and register your company and its current agent within the system. The fee for online registration is $6 per designation, which is a substantial savings compared to the paper-based system’s fees of $140 or more.
  • Designate Your Agent. You may determine your agent in one of a number of ways, as it can be (1) an individual, (2) a title or position at your company, (3) a specific department within your company, or (4) a third party. You must then provide the name, address, phone number, and email address of the agent. If you do elect to register an individual agent, be sure to promptly amend the registration if that person departs your company or the relevant role within your company.
  • Verify Your Information. Verify that the information on your website matches the information you are submitting to the Office, and that both are correct. Failing to maintain accurate information and failing to ensure that the two match each create a risk of losing safe harbor protection under the final rule.
  • Re-Register Every Three Years. The Office’s electronic system will send automated reminders to review and renew your designation, and for that reason you should be sure to register with regularly monitored contact information to ensure you receive the reminders. You will also need to re-register upon any change in your agent, even if prior to the required renewal time; doing so will reset the clock on your renewal period.

If you haven’t registered a DMCA Agent, you should do it now—and if you have, you should renew. Failing to follow the new online DMCA agent designation procedures by the end of 2017 may result in the loss important legal protections.

For more information on this and other Safe Harbor topics, contact Nick Feldman at nfeldman@stubbsalderton.com or (818) 444-4500. Nick’s practice focuses on corporate transactions, including mergers and acquisitions, dispositions, private equity transactions and general corporate matters for both public and private clients, focusing on middle-market and emerging growth companies. In addition, Nick counsels companies in connection with entity formation, corporate governance, federal and state securities laws and compliance, joint ventures, employee incentive plans, executive employment agreements and other executive compensation matters.

 

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Stubbs Alderton & Markiles’ Client New Form Announces $18M Funding

new-form-logoSAM Client and Digital-video studio New Form announced this week that it has raised $18 million in second-round funding from the U.K.’s ITV and Discovery Communications, with ITV taking a minority stake in the company. In addition, with its investment ITV entered into a strategic partnership with New Form, which includes a multiyear commercial agreement that will bring New Form content to the ITV Hub starting in 2017.  Congratulations to New Form on this success!

Stubbs Alderton attorneys representing New Form in this transaction were Greg Akselrud and Kelly Laffey.

To read the full feature in Variety Magazine, click here.

For more information about our Internet, Digital Media & Entertainment Practice, contact Greg Akselrud at gakselrud@stubbsalderton.com or (818) 444-4503.

 

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SAM Client ArtCraft Entertainment Raises Close to $1.8M on Kickstarter for New Game Crowfall

Crowfall

Congratulations to SAM Client ArtCraft Entertainment as they’ve raised close to $1.8M on their Kickstarter campaign that was set up to raise funds to launch their new MMO game Crowfall.  In just three days, the campaign surpassed their original goal of $1.5M.  That amount will continue to climb as development progresses, as developer ArtCraft Entertainment is maintaining its own in-house crowdfunding campaign at Crowfall.com.

To view the ArtCraft Entertainment Team’s “thank you” to the Crowfall community:

To read the PC Magazine article on the funding the Crowfall review, click here.

About ArtCraft Entertainment

ArtCraft Entertainment, Inc. is an Austin, Texas based independent developer and publisher of cutting-edge Massively Multiplayer Online Role Playing Games (MMORPGs). Their flagship title, Crowfall, was announced in January of 2015 and has quickly gained a loyal following of players looking for innovation and vision in the MMO genre.

For more information about our Interactive Entertainment & Video Game practice, contact Greg Akselrud at (818) 444-4503 or gakselrud@stubbsalderton.com.

 

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SAM Encourages you to Attend: Creative Community Roundtable – “The Work of the Creative Community in a Digital Age”

 

Join us for this exclusive event!

 

 
 

Thursday, April 23, 2015

 

5:30pm-8:00pm

 

**Food, Drinks & Networking Included!**

 

Register!

 

“THE WORK OF THE CREATIVE COMMUNITY IN A DIGITAL AGE” 

 

 

  • How do we foster the Creative Arts and its protection among the youngest citizens in America?
  • Can individual artists engaged in traditional endeavors survive the mass, group interactions presented by the internet?
  • Is IP protection still effective in protecting the Creative Community?
 

Featuring

 

Roundtable Panelists:

 

Marc GuggenheimMarc Guggenheim, Television Writer-Producer
Marc Guggeinheim is award-winning multi-media  writer, having scribed film, television, prose, video      games and comic books. His television credits include  Arrow (co-creator), Law & Order, Jack & Bobby, CSI:  Miami and Brothers & Sisters. His best known comic  book work includes AQUAMAN, SUPERMAN/BATMAN,  THE FLASH, JSA, and Amazing Spider-Man, Young X-  Men and Supreme Power.

 David Hillary, Film Producer, Deviant Films and
Digital Media & Tech Strategy, Front Row Media
 

 Film producer with credits to his name such as Dear Eleanor,  Small Apartments, The Chosen One, Voodoo Possession, London,  and a host of other firms, including his most recent project, Death  in the Desert.
 
 
 
 
 
 
 
 
 
 
  Kathryn Ireland, Million Dollar Decorators Star,
and Acclaimed Interior Designer

Kathryn M. Ireland is an interior decorator internationally renowned for her worldly flair, easy sophistication, and a covetable design aesthetic that emphasizes comfort, color, and, ALWAYS, a magical dash of the unexpected. As a child growing up in London, Kathryn visited grand houses of unparalleled beauty all over England and immersed herself in the varied design traditions of these estates –furnishings of generous dimension, uninhibited expression of pattern and color, and graceful arrangements of objects and collections. Kathryn’s predisposition for the imperfect elegance of the English manor house followed her to Los Angeles where she has decorated homes of the Hollywood elite for over 25 years. Her Spanish Revival residence in Santa Monica is a pure reflection of her refined eye, her romantic attention to detail, and an innate understanding of the function of the home. Capacious, slip-covered sofas rub elbows with mid-century pieces, contemporary art, and tribal accents sourced from her wide and extensive travels. Ireland’s characteristic mingling of period and idiom may be highbrow, but she always aims to achieve a lived-in atmosphere. In fact, what supersedes every aesthetic consideration is quality, comfort, and an immediate sense of style and warmth. Ireland’s passion for layering pattern and color is well-documented and reflected in everything she does; but her emphasis on comfort and the practical considerations of day-to-day living – kids, animals, and the occasional over-served guest bobbling red wine – is what makes her the ideal designer for clients who want unique, stylish environments, but not at the expense of real, modern life.

 

 

  Jeff Jampol, Jampol Artist Management, Inc.  (JAM, Inc.)

As the founder and head of JAM Inc., which manages rock legends The Doors, Ramones, and the Estates of Jim Morrison, Janis Joplin, Tupac Shakur, Otis Redding, Peter Tosh and Rick James, Jampol has had ample opportunity to consider such issues. Indeed, he and his team are fond of citing the “Hippocratic Oath of Rock” as a guiding principle: First, do no harm to the artist’s legacy. But Jampol doesn’t view himself merely as a curator of classic catalogues. “The goal is to extend the reach of the artist and their work, using new distribution channels, new technology and other emerging resources, to place timeless art into a modern context.”

 He was the producer of the recent Broadway hit, “An Evening with Janis”, and in 2009 The Doors Theatrical documentary “When You’re Strange”.

 

 Brandon Scott, Scott x Scott Private Label Production

 Bringing over a decade of experience in the fashion industry, Brandon plays  an integral role in business development, creative direction, quality control,  and sales strategy. After being awarded, “Most Marketable Designer” of his  senior class, Brandon graduated from San Francisco State University and  took his first job at Nice Collective. Over the next year, he would gain  invaluable experience from one of the most progressive lines to originate  from San Francisco.

Shortly after, in 2005, a prominent San Francisco based designer, Rebecca Beeson, offered Brandon a position to launch their first menswear collection, B. Son. For the following years, Brandon worked as head of design, production, and sales overseeing all aspects of the collection. By 2007, Brandon was named Sportswear International’s Best New Designer of the Year.

Eager to explore and expand on his own vision, Brandon parted ways with B. Son in 2009 and launched his first collection. B. SCOTT. With the intention to create menswear that encapsulated the fusion of Japanese and German aesthetics. In March of 20120, Brandon produced his first runway show for concept LA Fashion Week. Melissa Magsaysay, in the Los Angeles Times wrote: “The most impressive point of the event was the B.SCOTT runway show” In The spring, Brandon was in the top five contestants on the NBC hit series, Fashion Star.

 

  Sarah Scott, Scott x Scott Private Label Production

 Shortly after graduating in 2006 from the University of California,  Santa Barbara with a B.A. in Psychology, Sarah started her first  business, Ten. Image Consulting, where she styled numerous  fashion shows, photo shoots, and dressed some of the country’s  most prominent entrepreneurs. A client introduced her to Carlo  Mondavi, the grandson of vintner, Robert Mondavi, who was  launching a luxury goods company encompassing wine,  stemware, and skin care products. She worked with Mondavi’s in  Product Development, which catapulted her into the design world.

Soon afterwards, she was offered a position at SBE Entertainment Group. It was there that she had the unique opportunity to work under renowned French designer Philippe Starck, gaining invaluable experience in design. Sarah worked in product development  and played an integral role in the development of some of Los Angeles’s top commercial properties including SLS Hotel Beverly Hills, XIV Michael Mina Restaurant, Katsuya Restaurant,, and Hyde Lounge. Following SBE, Sarah started, Sarah Scott Interior Design, where she worked on some of Los Angeles’s premier residential and commercial properties. In 2011, Sarah joined SCOTTxSCOTT as Marketing Director, and in 2012, Sarah Launched her first collection titled, “ A Stranger I Came.” The collection was an extension of her personal style- tailored, comfortable, and sophisticated. Today, her collection can be found in some of the country’s best boutiques from Urban Outfitters to American Rag. Today, Sarah leads the creative direction for the women’s division, oversees marketing development, and is the Director of Operations for SCOTTxSCOTT, Inc.

 

 

 

Moderator:


  Tony Keats, Partner, Stubbs Alderton & Markiles, LLP

Tony Keats is a partner of the Firm and Co-chair of the Trademark and Copyright Practice Group. He was a founding partner of Keats, McFarland & Wilson LLP, in Los Angeles, and intellectual property practice team leader for the national law firm Baker & Hostetler. Tony’s almost three decade legal career has focused on both the legal and business protection of brands and creative content from consumer products to entertainment, from designer goods to the Internet. Since he commenced practice, he has provided counsel and has litigated cases on behalf of many of the world’s largest consumer product and entertainment companies, as well as individual entrepreneurs, actors, and musicians. Tony’s litigation background also includes related commercial matters involving unfair competition, contract disputes, rights of publicity violations, business torts, domain name infringement, and idea submission claims. Tony developed intellectual property protection programs for some of the largest entertainment properties in Hollywood history.

   
Stubbs Alderton & Markiles, LLP
1453 3rd Street Promenade, Suite 300
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SAM Client Raptr and AMD Partner to Create AMD Gaming Evolved App, the Ultimate App for the PC Gamer

Raptr logoSAM client Raptr and AMD have unveiled the AMD Gaming Evolved App Powered by Raptr, which was designed to make PC gaming as simple to use as consoles. The App suggest customized optimal game settings for gamers’ rigs, allow them to earn real rewards just for playing games, and have instant access to in-game tools such as broadcasting live video via Twitch, taking screenshots, web browsing, and chat.

“We believe we’re taking a big step in improving the PC gaming experience for the masses,'” said Dennis Fong, CEO, Raptr. “Combining AMD’s expertise in hardware and performance with Raptr’s already popular desktop app and 18+ million community was a perfect fit.”

To get more information and download the AMD Gaming Evolved App, click here:   http://raptr.com/amd

To read the full article in the Wall Street Journal, click here.

About Raptr

Raptr is the leading community for gamers, with more than 18 million users. Gamers love using Raptr to connect with all things gaming, to track their gameplay activity, build their gaming rep to see how they stack up against friends, and earn rewards for playing games on console and PC. Over 40 game publishers use Raptr’s Community Platform to connect with Raptr users and build a vibrant fan base around their games. Created in 2007 by a world-class team led by CEO and founder Dennis Fong (co-founder of Xfire, Lithium, and Gamers.com), Raptr has raised more than $27 million in funding from investors Accel Partners, Founder’s Fund, DAG Ventures, and Tenaya Capital. For more information about Raptr, please visit http://raptr.com.

 

 

 

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Update: SAM Client Humble Bundle in Partnership with EA Raises $10.5M for Charity

 

The Humble Origin Bundle

Update: 

The Origin Humble Bundle offer has finished, with over 2 million bundles sold and over $10.5 million raised, the majority of which will go to charity.

The Humble Bundle Twitter account confirmed the figures last night.  “The Humble Origin Bundle has closed with 2.1+ mil bundles sold & $10.5+ mil in sales! Thanks for helping make Humble Bundle history!”

Congrats HB!

Original Story

SAM Client Humble Bundle, has raised $7.2 million for charity with nearly 1.4 million sales of their Humble Origin Bundle.  While proceeds of these sales usually go directly to EA, money will instead be given to charities chosen by both EA and Humble Bundle, including the Human Rights Campaign; Watsi; the San Francisco AIDS Foundation; the American Red Cross; or the American Cancer Society.

To read the full article on this incredible effort, click here.

For more information about our Interactive Entertainment & Video Games practice, please contact Greg Akselrud at (818) 444-4503 or gakselrud@stubbsalderton.com

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SAM Attorney Stephen McArthur Featured on Gamasutra.com – “Responding to Intellectual Property Theft: How to Protect Your Game Without Damaging Your Company’s Reputation”

Stephen McArthurSAM intellectual property attorney, Stephen McArthur’s article, “Responding to Intellectual Property Theft: How to Protect Your Game Without Damaging Your Company’s Reputation” is featured on the front page of Gamastra.com

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Over one billion people worldwide will spend a total of $65 billion this year playing video games.[1]  That makes the video game industry bigger than the Hollywood film industry and twice the size of the music industry.  These lucrative numbers are highly attractive to copycatters looking to grab even a tiny slice of that market share.  We’ve seen it with mobile apps copying Tetris[2], the countless League of Legends clones that seem to pop up every week, such as 300 Heroes[3], and more worryingly, even the boutique studios often have their work ripped off, such as Spry Fox’s Triple Town[4].

In this article I’ll provide guidance to game developers who need to protect their brands, creative work, and other intellectual property (“IP”).  I will explain six options a video game company should consider whenever its IP is at risk: an open letter to the media, a polite cease and desist letter, an aggressive cease and desist letter, a DMCA takedown notice, mediation, and, finally, litigation.  For each of those options, I will provide real life examples of how a company handled the exact situation and what the result was.

To read the full article on Gamasutra.com, click here.

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For further information on intellectual property law pertaining to video games, please contact Stephen McArthur at (310) 746-9823 or smcarthur@stubbsalderton.com

 

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SAM Client Undead Labs’ Game “State of Decay” Fastest Selling Original Game Ever on XBox Live Arcade

State of Decay Pic

Microsoft Studios and SAM client Undead Labs announced that Undead’s innovative zombie survival game “State of Decay” has been labeled the fastest selling original game ever on XBox Live Arcade, surpassing nearly a million paid downloads.  To read the full Microsoft XBox Wire announcement, click here.

For more information about our Interactive Entertainment & Video Games practice, contact, SAM Partner Steve Goldstein at (818) 444-4510 or sgoldstein@stubbsalderton.com.

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Yep! It’s Official – SAM Client Undead Labs’ “State of Decay” Has Launched on XBox Live!

Undead Labs Launch

SAM client Undead Labs has announced the release of “State of Decay” onto Xbox Live.  This long awaited release of the zombie apocolypse themed game, which features complex simulations and resource management has created quite a buzz among gamers.  For more information about the game, visit State of Decay.

For more information about our Interactive Entertainment & Video Game Practice, contact Steve Goldstein at 818.444.4510 or sgoldstein@stubbsalderton.com.

 

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SAM Client Machinima Expands to the UK

machinima

SAM client Machinima is expanding it’s business to the UK.  Machinima is the number one all-time entertainment channel on YouTube, targeting the hard-to-target 18-24 year old demographic interested in the gaming industry.  Machinima is looking to target British gamers with the expansion, and has hired on a head of Machinima UK to grow its programming. Apparently, Machinima has around 200M monthly video views in the United Kingdom.  To view the article on SoCalTECH, click here.

For more information about our Interactive Entertainment and Gaming Practice, contact Steve Goldstein at (818) 444-4510 or sgoldstein@stubbsalderton.com.

 

 

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