Representing creative artists and media-based companies worldwide, the Law Offices of Edward R. Hearn in San Jose, California offers comprehensive legal counsel regarding business and technology issues, including the convergence of content, media, and technology, business formation, the licensing of intellectual property rights, clearance issues, and talent services.
The concept of “convergence” encompasses the profound changes to the structure of media caused by the evolution of digital technologies into the predominant method of presenting, communicating, and storing information. Prior to the digital age, information and communication methods were divided into distinct economic and technical systems with minimal opportunity for interoperability. Today, information content from sound broadcasting, television, motion pictures, music recordings, photography, literature, and currency may all come together into a single application or service. As the speed of convergence increases, traditional media business models are disappearing rapidly, and businesses are increasingly focusing on content ownership, and the challenges presented in monetizing such content.
Establishing content ownership is important because while the dispersal of information across a variety of media offers individuals and businesses wide exposure and growth potential, it also makes one’s work vulnerable to improper use by others. Furthermore, content is an asset that costs money to produce and maintain; convergence coupled with secured ownership enables individuals and organizations to maximize the accessibility, use, and profitability of content by allowing it to be sorted, searched, retrieved, and perhaps syndicated, with ease and efficiency.
At the Law Offices of Edward R. Hearn, we work with our clients to develop, implement, and optimize convergence strategies, ensuring that content assets are at once protected and maximized.
Choosing the right type of business organization during the formation process is often the first step to building a successful enterprise. We help clients structure new businesses, ensuring that the organizational scheme best suits their business needs and protects them from both legal and financial liabilities. For each client, we aim to fully account for the size, mission, and ultimate goals of the business and provide personalized advice and legal counsel.
When we assist clients with their initial planning and formation, we do so with an eye toward the future. Accordingly, our firm also offers consulting services, helping clients to comply with corporate formalities requirements, maintain accurate records, manage assets, enter into beneficial contracts, and ultimately, develop and grow.
In many situations, such as business expansion, merchandising opportunities, or quality improvement, licensing of intellectual property rights is an effective tool for achieving one’s business goals and growth plans. A licensing agreement is a partnership between an intellectual property rights owner and another party who is authorized to use such rights in exchange for an agreed upon payment, usually a fee or royalty. When entering into licensing agreements, it is essential to make sure that the contract accurately and narrowly describes the extent of the license at issue. We help individuals and businesses develop procure and establish profitable licensing arrangements.
Clearance is the process of determining and negotiating any permissions that are needed to include another’s intellectual property in a creative project or business endeavor. Our firm handles clearance issues related to all forms of media, such as obtaining use rights from others, authorizing others to use client content, and ensuring that our clients’ likenesses and intellectual property assets are used and obtained properly.
A talent service agreement is an employment contract between a production company and its employee, the talent. Our firm drafts and negotiates talent service agreements in all media for both performing talent and production companies contracting for performing talent. In all matters, we ensure that our clients’ rights are maximized and protected.
For over 40 years , Edward R. Hearn has devoted his practice to helping creative artists and media-based companies use effective legal strategies and new technology to protect and maximize their intellectual property assets. If you or your business needs assistance with any aspect of intellectual property or business law, please contact our offices today.