AUDIO/VOICE ASSISTANT, AR, VR, & GAMING LAW

 

Our firm has a focus in the legal aspects of the development, marketing and licensing of apps and video games. The firm is also poised to expand its representation to developers of audio/voice assistants, AR, VR, & other applications.

The legal aspects of the development, marketing and licensing of apps and video games, audio/voice assistants, AR, VR, & other applications.

 Why would a developer working on audio and voice assistants, augmented reality, virtual reality or video games need a lawyer? To head off problems and address disputes that have not yet arisen and will generally not come up—that is, until the product is successful. The idea is to be prepared for the legal downside of success: the worldwide potential for infringement; the royalty contracts that often are nothing more than an elaborate bait-and-switch; the so-called once-in-a-lifetime offers that emerge when people perceive someone is experiencing financial success. Often, a law firm is all that stands between an innovator with a really impressive idea that hits and the rest of the public who wishes to grab a piece of it.

If you are concerned about protecting your app, software or other digital product please contact us via the form on the bottom of this page.

Emerging Audio and Voice Assistant, AR and VR and Video Game Technologies

Our firm’s commercial practice has a significant focus in the legal aspects of video game and software development and marketing. In addition to the more traditional iOS™/Android™ apps, we are actively moving into the realm of representing developer clients working with the newest app-based implementations. With the advent of Amazon Alexa™ and Google Home™ coupled with other artificial intelligence devices on the one hand and augmented reality and virtual reality on the other, the options for developers have expanded beyond simply the iPhone™ and Android™. To say the least, the developer community has a pressing need for attorneys who have a sophisticated understanding of legal issues relating to emerging technologies.

Our firm is constantly striving to anticipate the unique legal issues facing developers of audio and voice assistant, AR and VR and video game technologies, including:

  • Revenue Models While the public generally groups apps and Amazon Skills into the overarching category of “emerging digital technologies”, there really are differences in the revenue models for each. For example, there are legal terms or disclaimers that a developer may need to include in a free-to-play (F2P) app that are not applicable for an app which is sold, rather than given away. Legal counsel needs to take into account whether the revenue will be generated over time through in-app purchases, or will be accrued through a premium model, where the revenue is fixed at the outset of the customer transaction. There are also legal issues that arise with respect to other business models, such as an initial purchase fee with subscription-based payments thereafter.
  • Audio/Video Since apps can contain both visuals and audio, while Skills and Google Home™ apps are strictly audio, the nature of the intellectual property protections usually need to be far more robust.
  • Developer/Host There can be a divergence between the developer’s rights to create the product or service and the corresponding rights of the hosting company (Apple™, Amazon™, Google™, etc.) to impose its own restrictions
  • International IP Rights The expanded reach of these emerging platforms necessitates international and national protection and enforcement of intellectual property rights.
  • Proprietary Rights Since apps can be developed on third party platforms, questions often arise regarding intellectual property ownership. It is critical to ensure that everyone who contributed to the work (such as other developers, actors, voice actors, etc.) has provided the primary app developer with proper work-for-hire agreements or assignment agreements (as applicable) to secure clear title in the intellectual property and other proprietary rights.
  • Infringing/Copycat Apps Development of Audio and Voice Assistant Applications App/Skills presernts fewer market entry barriers. While it provides a wonderful opportunity for entrepreneurs and independent developers to have access to wide distribution that is rapid and requires little technical background, that same ease of entry is available to those who act in bad faith, as well. The end result is that this business paradigm can often become a magnet for infringing /copycat apps/Skills.
  • Film/Television/Literary Rights When a successful app crosses over from the digital world to the larger realm of entertainment offerings such as film, television and even literature, corresponding contractual and intellectual property rights must be secured

The list goes on. The bottom line is that the legal challenges in the audio and voice assistant, AR and VR and video game arenas are not just complex, they are unique. Our firm welcomes those challenges.

The firm’s represents clients from the initial stages of developing a video game or app (mobile, web or audio) to marketing and licensing the finished product. This includes:

  • Copyrights for apps, audio and voice assistant applications and video games;
  • Trademark applications for branding;
  • Licensing agreements;
  • Film, television and literary option, production and publishing agreements;
  • Merchandise manufacturing and apparel license agreements;
  • Agency agreements;
  • Intellectual Property assignment and license agreements;
  • Artist, graphic design, actor and other consultant agreements;
  • Publicity agreements;
  • Click-through agreements, terms and conditions and privacy policies;
  • DMCA (Digital Millennium Copyright Act) takedown notices sent to websites that display infringing content;
  • Federal and State lawsuits for injunctions to prevent infringement;
  • Federal and State lawsuits seeking damages for infringement;
  • US Customs and other government agencies investigations to prevent counterfeit infringing goods from being imported and sold in the United States;
  • Uniform Dispute Resolution Protocol (UDRP) procedures before the World Intellectual Property Organization (WIPO) to compel the turnover of infringing domain names; and
  • Trademark Trial and Appeal Board actions relating to the opposition or cancellation of trademark applications or registrations.

PUBLICATIONS & PRESENTATIONS

Gary D. Nissenbaum, Esq.

  • Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
  • Profiled in: Gary D. Nissenbaum: Ace Gaming Attorney, by David Radd, biz, September 10, 2016
  • The Increasing Pace of Digital Change: Why Does Our Culture Always Seem so Blindsided?, com, August 4, 2016
  • The Intriguing Legal Ramifications of Pokémon GO,com, July 25, 2016
  • Potential Legal Approaches to a Cyberbullying (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
  • Receiving Classified Information: Government Secrecy and the Litigation Process(Co-author), NJ Lawyer Magazine, October 2009
  • Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008

Laura J. Magedoff, Esq.

  • Augmented Reality: Gotta Protect That IP, by Gary D. Nissenbaum, Esq. and Laura J. Magedoff, Esq., Apptentive, September 22, 2016
  • Potential Legal Approaches to a Cyberbullying Case (Co-author), The Young Lawyer, American Bar Association Young Lawyers Division, 2013
  • New York County Lawyer’s Association, EMIPS Committee Comments to New York State Bar Association Report of the Privacy Task Force, Contributing Author, March 2009
  • It’s All Smoke and Mirrors: State Smoking Bans and Theatrical Performances, AACT Spotlight, November, December 2008
  • Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008
  • Panelist, Intellectual Property Protection & Enforcement, New Jersey Bar Association Annual Conference, Atlantic City, NJ, May 2017
  • Presented Seminar, 2014 Trademark Primer: Prosecution & Enforcement Strategies Every Attorney Should Know, NJICLE, New Brunswick, NJ, November 2013
  • Presented Seminar, Entertainment Law: A Crash Course in Representing Entertainers & Other “Personalities” for Every Attorney, NJICLE, New Brunswick, NJ, September 2013
  • Presented Seminar, Entertainment Law 101, National Business Institute, Newark, NJ, March 2013
  • Presented Seminar, Theatre and the Law, American Association of Community Theatre National Convention, New York, NY, July 2012
  • Panelist, Emerging Issues in Reality Television, Seton Hall Law School Sports and Entertainment Law Symposium, Newark, New Jersey, March 2012
  • Panelist, Empower – I Create Nothing. I Own it: A Panel about Establishing and Protecting your Intellectual Property as a Business Asset, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
  • Moderator, Engage – The most Powerful Commodity I know is Information, New Jersey Association of Women Business Owners’ Annual Conference, New Brunswick, New Jersey, October 2010
  • Panelist, Casino Law 2010: Game On!, 2010 South CLEFest, Atlantic City, NJ, August 2010
  • Presented Seminar, Protecting Your Online Image, Various 2009-Present
  • Presented Seminar, Comedy and Drama: The Legal Aspects of Community Theatre, American Association of Community Theatre National Convention, New York, NY, July 2008

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

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OFFICE LOCATIONS


NEW JERSEY

MAIN OFFICE

2400 Morris Avenue

Union, NJ 07083

P: (908) 686-8000

F: (908) 686-8550


NEW YORK

140 Broadway

46th Floor

New York, NY 10005

P: (212) 871-5711

F: (212) 871-5712


PENNSYLVANIA

1500 Market Street

12th Floor East Tower

Philadelphia, PA 19102

P: (215) 523-9350

F: (215) 523-9395


TEXAS

100 Crescent Court

7th Floor

Dallas, TX 75201

P: (212) 871-5711

F: (212) 871-5712