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 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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SAM Client Supergiant Games Releases Sneak Peek of New Game: “Transistor”

SAM client and Bastion developer, Supergiant Games, has just released a sneak peek of their new, science-fiction themed action game, “Transistor.”  This role-playing-game’s setting and main character are introduced in the following trailer.

“We’re designing our next game to seamlessly integrate thoughtful strategic planning into a fast-paced action experience, complete with our studio’s signature melding of responsive gameplay and rich atmospheric storytelling,” states a representative from Supergiant Games.

Supergiant Games is currently planning to release Transitor in early 2014 and has not decided what platforms it will be released for.

To read the full story on SuperGiant’s blog, click here.

To read the Polygon coverage, click here.

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

 

 

 

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