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Greenberg Glusker’s unparalleled combination of entertainment and technology expertise ensures that our clients are not just adapting to the digital media landscape—they’re leading it.

Our Digital Media & Content Publishing Group offers a comprehensive range of legal services, combining decades of entertainment industry experience with cutting-edge expertise in digital media and technology. We provide outside general counsel services to some of the most popular content publishers in the industry. Our seasoned attorneys provide guidance in the following areas:

Content Production and Distribution

  • Negotiating talent agreements for podcasts, digital videos, social campaigns, newsletters, blogs and online courses
  • Securing content distribution and licensing deals
  • Advising on development deals, first-look agreements, attachment agreements, shopping agreements, options, and other traditional entertainment industry contracts
  • Handling agreements related to monetization strategies, such as events, cobranded content, and partnerships

Intellectual Property

  • Overseeing trademark portfolios, including registration, protection, and enforcement
  • Advising on copyright strategies, including responding to and submitting copyright strikes and takedowns
  • Structuring and negotiating complex IP licensing agreements, including those related to merch, food products and alcohol
  • Providing strategic advice on IP disputes, including litigation and alternative dispute resolution

Advertising and Sponsorship Deals

  • Drafting and managing sponsorship deals, including celebrity endorsements and influencer marketing
  • Negotiating and structuring advertising agreements and IOs
  • Advising on content curation and user monetization strategies

Compliance with Privacy and Data Security Regulations

  • Ensuring compliance with GDPR, CCPA, CIPA, VPPA and other data privacy laws and regulations
  • Advising on the management of adtech stacks and compliance vendor management
  • Navigating the complexities of the post-cookie environment, including cookie and bulk order management

Formation, Financing, Operation, and Exits

  • Advising on company formation and structuring
  • Guiding investment and venture financing, including series seed financings
  • Assisting with M&A transactions, including acquisitions and divestitures
  • Structuring exit strategies for maximum value

General Business Operations

  • Providing outside general counsel services, offering comprehensive legal support across business operations
  • Advising on complex transactions, tax planning, real estate, and employment issues
  • Managing backend technology agreements, terms of use, and privacy policies

Publications

Client Alert

New California Law, AB 2426: Licensing Disclosures for Digital Goods

January 3, 2025

Effective January 1, 2025, California law AB 2426 will require companies offering online-only digital goods to disclose that consumers are purchasing a limited-duration license, not outright ownership. This applies to a broad range of digital media, including games, video, audio, e-books, and other digital assets. Companies must conspicuously display this disclosure and provide the license terms separately. Violations may result in misdemeanor charges and civil penalties. Key Provisions The law aims to ensure transparency by prohibiting the use of terms like “buy” or “purchase” unless accompanied by clear disclosures. Key requirements include: Acknowledgment at Purchase: Sellers must obtain consumer acknowledgment that: The transaction grants a limited license to access the content. License restrictions and conditions are provided. Access may be revoked if the seller loses rights to the content. Clear Statements: Sellers must provide a clear, conspicuous disclosure before each transaction, including: A plain-language statement that the purchase is a license. A link, QR code, or similar method to access the full license terms. These disclosures must be distinct from other transaction terms and conditions. Definitions and Exemptions “Digital goods” are broadly defined to include digital audiovisual works, digital audio content, digital books, digital codes, and digital applications and games. Notably, the law does not apply to: Subscription-based services. Freemium content offered without monetary exchange. Digital goods provided for permanent offline use. Implications for Sellers Sellers of non-exempt digital goods must update purchase flows to ensure compliance with disclosure and acknowledgment requirements. NFTs and Blockchain Assets: The application to NFTs is ambiguous. While NFTs are often considered irrevocable, associated digital assets (e.g., linked audiovisual files) may still be subject to the law. Freemium Games: The law requires disclosures for each in-game purchase, potentially introducing friction into the user experience. Platforms and Creators: The broad definition of “digital goods” may extend compliance obligations to both platforms and individual content creators. As the law’s implementation date is now upon us, companies should review and update their licensing terms, purchase flows, and customer communication strategies to meet the new standards. For more information or to ensure compliance with AB 2426, contact James Molen at jmolen@ggfirm.com.

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