Digital HHR

Digital HHR

on the cutting edge of convergence

Dan Schnapp

Dan Schnapp

Partner & Chair of New Media, Entertainment and Technology Practice
Phone: (212) 837-6258
Fax: (212) 299-6258

Areas of Concentration

New Media, Entertainment and Technology

Summary of Practice:

Dan provides strategic counsel and transactional support for multi-national corporations, mid-cap and start-up companies in connection with a wide range of legal and policy issues arising out of the convergence of technology, advertising, entertainment and media, electronic commerce, intellectual property, privacy, information security, compliance and risk management, including:

  • digital video and music content licensing and distribution and related audio-visual broadcasting initiatives on all new media platforms
  • online social networking services and virtual reality communities
  • user-generated content ingestion, distribution and syndication
  • strategic alliances, online sponsorships and joint ventures
  • electronic payment systems and solutions and Internet banking
  • “off-shore”, “near shore” and domestic information technology, call center and business process outsourcing
  • wireless device and network applications
  • electronic publishing and distribution
  • integrated marketing, contextual advertising and brand management
  • record retention and disaster recovery/contingency planning compliance
  • stored-value and smart-card application development and deployment
  • digital signatures and public-key infrastructures
  • on-line gaming, sweepstakes and contests
  • software/hardware procurement, development, licensing, distribution and export
  • systems integration and facilities management; data warehousing and mining
  • domain name trademark disputes
  • application storage and service provider transactions
  • web site hosting and development
  • technology and data export compliance
  • patent and trademark licensing
  • intellectual property audits

Mr. Schnapp writes and lectures extensively on new developments in the areas of digital content distribution and syndication, end user generated content and social networking initiatives, outsourcing, electronic commerce, electronic payment systems, privacy and information security.

Latest Posts From Dan Schnapp

California Continues Campaign against Online Tracking

Posted in Advertising, Privacy, Regulations, Technology
As we’ve previously discussed, the State of California’s new amendment to the California Online Privacy Protection Act (“CalOPPA”) took effect on January 1, 2014.  One key component of this new iteration of the statute is the requirement of website operators to disclose how they respond to web browser “do not track” (“DNT”) signals or other… Continue Reading

The Battle for Cloud City: Aereo Continues to Push Copyright Disruption to the U.S. Supreme Court

Posted in Cloud, Copyright, Internet, Technology
As the convergence of cloud-based products and services with the delivery and consumption of entertainment content continues to gain steam in the U.S., multiple courts across the U.S. are being asked to weigh in on the copyright implications of a new type of online TV service offered by two entities—namely, Aereo and FilmOn X (aka… Continue Reading

Copyright Disruption in the Cloud: Latest Appellate Court Decision in Aereo Case Widens U.S. Court Split Over Rights Required for Streaming Entertainment Content from the Cloud – One Step Closer to U.S. Supreme Court Showdown?

Posted in Cloud, Copyright, Litigation
The ongoing convergence of cloud-based products and services with the delivery and consumption of entertainment content continues to raise novel legal questions in the United States. As more and more businesses turn to the cloud, the scope and bounds of copyright law, in particular, continue to be impacted by new and disruptive offerings promising consumers… Continue Reading

Copyright Disruption in the Cloud: U.S. Courts Divided Over Rights Required for Streaming Entertainment Content from the Cloud – Could a U.S. Supreme Court Showdown be Looming?

Posted in Television
The ongoing convergence of cloud-based products and services with the delivery and consumption of entertainment content continues to raise novel legal questions in the United States. As more and more businesses turn to the cloud, the scope and bounds of copyright law, in particular, continue to be impacted by new and disruptive offerings promising consumers… Continue Reading

Policing Online Infringement with “Six Strikes and You’re Out!”

Posted in Internet
In the next two months, Internet service providers and entertainment content creators will launch a new system to police online copyright infringement, creating new rules affecting up to three-quarters of all US Internet users. A 2011 agreement between creators and ISPs set the groundwork for the upcoming “Copyright Alert System” and the release of new documents… Continue Reading

Cloud Computing, Digital Lockers and Copyright: The Cloudification of Entertainment (Update)

Posted in Cloud, Copyright, Music, Technology
It is no surprise that the move to the cloud is in full swing. New methods of content distribution and consumption, coupled with the widespread proliferation of IP-enabled consumer devices, are driving the public’s relentless desire for “any content anywhere”.  The success of Netflix, Hulu, Amazon on Demand, Flickr, and the emergence of novel content… Continue Reading

ivi TV Update: ivi Files Complaint for Declaratory Judgment

Posted in Copyright, Television
As we recently reported here, a  new Internet-connected software application, called “ivi tv”, was just released that allows pc, mac and linux end users to stream live feeds from over-the-air television stations to their computers anywhere in the world. Unlike other online content distributors, however, the start-up recently confirmed that it has elected not to… Continue Reading

ivi TV: Live Network Television on the Net Without Negotiation?

Posted in Copyright, Television
A new Internet-connected software application, called “ivi tv”  http://www.ivi.tv/, was released this week that allows pc, mac and linux end users to stream live feeds from over-the-air television stations to their computers anywhere in the world, including feeds from ABC, CBS, Fox, NBC, PBS, Telemundo, Univision and others. The small Seattle-based start-up behind the service,… Continue Reading

Social Networking Games, Sweepstakes, Promotions and the New Apps: Developing the Fine Line of Legality

Posted in Contest/Sweepstakes, Gaming, Mobile, Social Media, Technology
Over the last year, social networking sites, most notably those with a developer platform such as Facebook, have become hotbeds for virtual goods purchases, social gaming, sweepstakes and advertising-based promotions.  Many of these are based on custom-designed and developed third party applications and widgets, which are veritable revenue drivers for the platform operators.  Several months… Continue Reading

Dance Dance Copyright Revolution: Interactive Gaming’s Upcoming Copyright Conundrum

Posted in Copyright, Gaming
The next interactive gaming revolution will soon be ushered in by a wave of gesture detection control systems, where the player’s body controls the action.  Beginning this year, game developers and publishers will have the technology to develop a viable motion capture-based game, one with more potential applications than any gaming console or system released… Continue Reading

Did Facebook look before it leaped with its Usernames program?

Posted in Litigation, Social Media
Since Facebook launched its Facebook Usernames initiative in mid-June, over 6 million unique individuals have registered usernames for their personal profiles, and over 15,000 usernames have been registered for Facebook Pages as well, which are commonly used by businesses and other organizations. In many ways, the program looks like a proprietary domain name registration system.… Continue Reading

Licensing Rights in Jointly-Owned Copyrights-You Can’t Always Get What You Want

Posted in Copyright, Litigation
Joint ownership of copyrights is a tricky issue in any transaction. It is one confronted regularly in digital media deals where rights in the underlying content are often owned by more than one person and licenses are granted retroactively. Recent decisions in the Second and Ninth Circuit Court of Appeals have caused tremendous concern about… Continue Reading

Deadline for Safe Harbor Certification under Anti-Child Pornography Regs Fast Approaching

Posted in E-alert, Regulations
For years, the adult entertainment industry has been required to maintain records verifying the age of all performers. However earlier this year, new regulations implementing § 2257 and § 2257(A) of the Child Protection and Obscenity Enforcement Act went into effect which impose similar record keeping requirements on many mainstream media companies. However, the regulations… Continue Reading

Copyright Royalty Board Establishes First Time Mechanical Rates for Ringtones and Ad-supported Streaming Music

Posted in Copyright, E-alert, Internet, Music, Regulations, Technology
  Royalty Rate Analysis After months of hearings, testimony and deliberations, on October 2, 2008, the United States Copyright Royalty Board (CRB) announced newly established rates for royalties to be paid to writers and composers (as opposed to performers) whose musical compositions are made and distributed as sound recordings (i.e., phonorecords), including via (1) physical recordings… Continue Reading

Impact of the Writers Guild Settlement On Digital Content Distribution

Posted in Advertising, Television
Impact of the Writers Guild Settlement On Digital Content Distribution February 2008 E-Alert: Impact of the Writer’s Guild In the coming days, the 10,500 striking members of The Writers Guild of America are expected to ratify a new, three-year agreement, which secures the writers a share of the digital media market by way of compensation… Continue Reading

Protecting Mobile Content Providers Against Improper Billing Practices of Third Parties

Posted in Mobile
  Pending Class Action Points to Potential Pitfalls While not directly involving mobile digital content provides, a class action lawsuit pending in Federal court in Massachusetts has brought into focus a practice that such providers must be aware of and protect themselves against. At issue in Knox and Esparza v. m-Qube, Inc. is “cramming” pursuant… Continue Reading