Digital HHR

Digital HHR

on the cutting edge of convergence

Matthew Syrkin

Matthew Syrkin

Partner
Phone: (212) 837-6046
Fax: (212) 299-6046

Matthew Syrkin is a partner in Hughes Hubbard’s corporate, new media, entertainment and technology, and data privacy and cybersecurity practices.

He provides strategic counsel and commercial/corporate transactional support for media, technology, consulting and financial services, consumer brands, outsourcing, software, electronics, pharmaceutical and other commercial entities in connection with a wide range of business, legal and policy issues arising out of the convergence of technology, intellectual property, new media, e-commerce, information technology and consumer, industrial and enterprise products and services.

Matthew frequently counsels industry-leading businesses on structuring and negotiating complex and cutting-edge commercial transactions, including matters for AMC Networks, Ernst & Young, The Madison Square Garden Company, KPMG, Paramount Pictures, CBS, ASCAP, Viacom, Grab Taxi, PricewaterhouseCoopers, Mattel, MTV Networks, News Corporation, EPIX, Davivienda, Sundance Channel, Sony Music Entertainment, VEVO and John Varvatos Enterprises.

Before joining Hughes Hubbard, Matthew worked at Fox Cable Networks, TiVo and Major League Baseball. While at Hughes Hubbard, he was seconded to Viacom/MTV Networks to negotiate strategic partnerships in the interactive entertainment, virtual reality and gaming space with Microsoft, Sony Electronics, Nintendo, Electronic Arts and Warner Bros. Interactive Entertainment.

Matthew is a frequent speaker, lecturer and author on the business and legal aspects of disruptive technologies, new media platforms and complex commercial transactions and has been a member of the planning committee for the Copyright Society of the U.S.A. since 2007.

Areas of Concentration

  • Outsourcing and Complex Services. Domestic and international outsourcing and professional service agreements for technology services, financial, accounting and advisory services, pharmaceutical customer/client management, consumer/retail product manufacturing, distribution and procurement, pharmaceutical, transportation, data collection and analytics, and other major products and services
  • Technology. Software (SaaS, SaaP, enterprise, consumer, etc.), technology, device and equipment, network, system, application, encryption, security, e-commerce, electronic payment systems, online/IP-connected platforms, cloud-based offerings and other emerging and disruptive technologies, including hosting, co-location, service level, licensing, support, development, distribution, manufacturing, reseller and distribution
  • Retail/Industrial. Consumer and industrial product manufacturing, distribution, procurement, import/export, warehousing, logistics, shipping, and manufacturing agreements; product warranty and safety, quality control, instruction/product manuals and other legal and regulatory compliance review and filings
  • Digital Content Distribution. Digital content licensing, distribution and syndication initiatives, including “over-the-top”, EST, VOD, SVOD, AVOD, TVOD, TVEverywhere and other sell-through arrangements, digital lockering arrangements, SmartTV, second screen platforms/experiences and technology agreements, automatic content recognition initiatives (ACR), complex security and authentication, fingerprinting, watermarking, and dynamic advertising solutions, including dynamic ad insertion, swapping, overlay, and manipulation
  • Regulatory/Privacy. Privacy, data and information security matters, including domestic and international data collection, use, storage, processing, transfer and disclosure requirements (e.g., GLB, HIPAA, CAN-SPAM, COPPA, PCI DSS, EU Directives, etc.), online and social media polices, terms of use/service, privacy policies, data collection, mining and warehousing arrangements, customer/client relationship management (CRM) and complex data analytics systems, software and analysis
  • Film and Television. Film and television licensing, distribution, affiliate, carriage and syndication initiatives with cable networks, cable operators, distributors, programmers, MVPDs, wireless carriers, mobile network operators, satellite radio network operators, device manufacturers, content aggregators and IP-connected platform operators
  • Social Media. Online social networks, user-generated content platforms and other emerging and disruptive technologies and platforms, including data collection, information scraping and targeted advertising, digital content screening, moderation and filtering, online and social media polices, terms of use/service agreements, privacy policies, end user license agreements and DMCA-related issues
  • Advertising. Marketing, branding, advertising, and promotions, including online and digital ad serving, insertion, syndication, monetization and distribution arrangements, search engine optimization, viral marketing, contextual advertising campaigns, brand sponsorships, outdoor advertising, experiential marketing and other complex collaborations and dynamic advertising solutions
  • Content Licensing. Content license, distribution, marketing, development and advertising agreements with major media companies, software developers, telecommunications providers, production companies, online commerce sites, content distribution networks, technology companies, film studios, television networks, video game publishers and developers, and content creators, including retailers and manufacturers of handheld devices, mobile phones, software, gaming peripherals, and other consumer retail products
  • Interactive Entertainment. Gaming, interactive entertainment, video game and virtual world development, publishing, distribution, sales, marketing and merchandising across all platforms, including handheld and mobile devices, platform consoles, and wireless and online platforms, including gaming peripherals, consumer toys, downloadable content and retail product merchandising
  • Promotions. Sweepstakes, contest, promotions, gaming and gambling initiatives, including administration and compliance, official documentation, rules, terms and conditions, affidavits of eligibility/releases, prize fulfillment, regulatory compliance and related integrated marketing agreements via traditional and new media platforms and devices
  • Music. Major and independent music publishing, record label, performing rights, music artist, writer, composer and producer agreements and licensing arrangements in connection with audio and audio-visual content distribution, licensing, monetization, synchronization and performance across all major platforms, including broadcast and cable television, digital music services, IP-connected platforms, major wireless carriers and content aggregators
  • Strategic Alliances. Complex commercial and corporate matters, including joint ventures, strategic alliances, share and asset transactions, security and credit agreements, co-branding and collaboration agreements, real property/leasing transactions and other commercial and corporate arrangements
  • Not-for-profit/NGO. Charitable, not-for-profit, NGO, 501(c)(3), educational and philanthropic organization grant, research, funding, project, co-development, co-venture, marketing and award arrangements and collaborations, including online funding and marketing initiatives, contests and sweepstakes, social media initiatives, social networking and data collection, management and usage policies

Education Information

  • University of California at Berkeley, J.D. (Boalt Hall Certificate in Law and Technology)
  • Georgetown University, B.S., magna cum laude, phi beta kappa, alpha sigma nu

Languages

  • Mandarin Chinese
  • Japanese
  • Spanish

Professional Activities

  • Programming Committee, Copyright Society of the USA
  • Member, American Bar Association
  • Member, New York State Bar Association

Speaking Engagements, Publications and Lectures

  • Author, “U.S. Television on the Internet and the New “MVPDs”, digitalhhr.com, October 2015
  • Author, “The Streaming Revolution in the Entertainment Industry”, 2015 ed.: International Association of Entertainment Lawyers, IAEL Publishing Company, August 2015
  • Author, “The Battle for Cloud City: Aereo Continue to Push Disruption to the Supreme Court”, digitalhhr.com, October 2013
  • Author, “Understanding Developments in Cyberspace Law”, 2013 ed.: Leading Lawyers on Analyzing Recent Trends, Case Laws, and Legal Strategies Affecting the Internet Landscape (Inside the Minds), West Publishing Co, August 2013
  •  Quoted, “Real and Virtual Firearms Nurture a Marketing Link”, New York Times (Front Page), December 31, 2012, http://www.nytimes.com/2012/12/25/business/real-and-virtual-firearms-nurture-marketing-link.html
  • Speaker and Moderator, “Television and Disruptive Technologies: Copyright’s New Frontier”, Copyright Society of the USA, December 11, 2012, presentation video online: http://isoc-ny.org/p2/4680
  •  Keynote Speaker, Chair and Moderator, “Microtransactions in Gaming”, DCM East (Gaming Summit), June 2012
  • Speaker, “Crossing the Digital Border: Exploiting Digital Content and Devices Overseas”, HHR Continuing Legal Education Seminar, May 1, 2012
  • Author, “Cloud Computing, Digital Lockers and Copyright: The Cloudification of Entertainment”, digitalhhr.com, September 14, 2011
  • Presenter, “Copyright and Content in the Cloud”, Copyright Society of the U.S.A., September 2011
  • Speaker, “App-endectomy: Removing the Mystery from the App Ecosystem”, HHR Continuing Legal Education, April 2011
  • Speaker, “Forecast: Entertainment in the Cloud”, HHR Continuing Legal Education, December 2010
  • Presenter, “Beg, Borrow, or Steel? Exploring Practical Solutions to the Music Sampling Debate”, Copyright Society of the U.S.A., October 2010
  • Author, “ivi TV Update: ivi Files Complaint for Declaratory Judgment”, digitalhhr.com, September 2010
  • Author, “ivi TV: Live Network Television on the Net Without Negotiation?”, digitalhhr.com, September 2010
  • Speaker, “Whose Data Is It Anyway? Privacy & Data Security in a De-Centralized World”, HHR Continuing Legal Education, September 2010
  • Panelist, “Internet Rights And Technology: A Practical Legal Guide To Doing Business On The Internet”, New York City Bar, September 2010
  • Author, “Social Networking Games, Sweepstakes, Promotions and the New Apps: Developing the Fine Line of Legality”, digitalhhr.com, June 2010
  • Speaker, “TV Everywhere…Is It Everywhere You Want It to Be?”, HHR Continuing Legal Education, March 2010
  • Author, “United States: Dance Dance Copyright Revolution: Interactive Gaming’s Upcoming Copyright Conundrum”, Mondaq, http://www.mondaq.com/unitedstates/article.asp?articleid=93006, January 2010
  • Speaker, “Legal, Business & Operational Issues in Interactive Games Initiatives & Transactions”, HHR Continuing Legal Education, September 2009
  • Author, “Lessons from the NFL: The Importance of Scope and Duration in Drafting Intellectual Property License Grants”, digitalhhr.com, August 2009
  • Author, “You (Publicly) Play, You Pay: ASCAP After Ringtone Money and the Impact on Your Deals”, digitalhhr.com, June 2009
  • Author, “In-Game Placement: Guns, Guitars and Gadgets: Think Again Before You Depict Something You Don’t Own or License in Your Video Game”, digitalhhr.com, June 2009
  •  Author, “Note to Digital Content Owners: Time to Master Fair Use”, digitalhhr.com, December 2008
  • Author, “Copyright Royalty Board Establishes First Time Mechanical Rates for Ringtones and Ad-supported Streaming Music”, digitalhhr.com, November 2008
  • Author, “Publishers Driving the Copyright Royalty Board Bus (PART II)”, digitalhhr.com, September 2008
  • Author, “The Current Trends and Challenges for Digital Media in Latin America”, Latin Lawyer Magazine, Volume 7, Issue 8, August 2008
  • Author, “Publishers Driving the Copyright Royalty Board Bus (PART I)”, digitalhhr.com, July 2008
  • Author, “A Congressional Foray Into the Net Neutrality Debate”, digitalhhr.com, February 2008
  • Speaker, “Copyright and Patent Drive By”, New York University, Tisch School (Telecommunications Graduate Program), November 2007
  • Presenter, “Introduction to Music Publishing”, Copyright Society of the U.S.A., October 2007
  • Presenter, “Secondary Liability in a Perfect 10 World”, Copyright Society of the U.S.A., April 2007

Latest Posts From Matthew Syrkin

U.S. Television on the Internet and the New “MVPDs” (UPDATED)

Posted in Cloud, FCC, Intellectual Property, Internet, Television, Video
Introduction. Over the last 20 years, Internet-based programming services and the corresponding distribution platforms have continued to evolve at a staggering pace, with technological advances allowing for faster and more cost-efficient transmissions. The last five years, in particular, have demonstrated to many that the Internet may well be the “projected” Promised Land for the television… 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

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

Lessons from the NFL: The Importance of Scope and Duration in Drafting Intellectual Property License Grants

Posted in Gaming, Intellectual Property, Television
A group of retired players recently filed a class action suit (Dryer et al. v. National Football League) against the NFL claiming infringement and unauthorized use of their identities and likenesses to promote the NFL and sell NFL-related products without compensation.   This is yet another in a long list of cases brought by former athletes… Continue Reading

You (Publicly) Play, You Pay: ASCAP After Ringtone Money and the Impact on Your Deals

Posted in Copyright, Mobile, Music, Technology
ASCAP is suing AT&T for failure to pay public performance royalties for their sale of musical ringtones. According to ASCAP's opposition to AT&T's recently filed motion, ASCAP rebukes AT&T’s claim that a ringtone is no different than a song downloaded from iTunes and therefore does not require the payment of performance royalties. In response, ASCAP… Continue Reading

In-Game Placement: Guns, Guitars and Gadgets: Think Again Before You Depict Something You Don’t Own or License in Your Video Game

Posted in Advertising, Copyright, Fair Use, Gaming, Privacy, Technology
If you are designing or developing a video game that depicts this planet or any other fictional world, then you need a pair of trained legal eyes to review the people, places, products and things that will be featured in the game. Go it alone, and you are traveling down a windy road that intersects… Continue Reading

Note to Digital Content Owners: Time to Master Fair Use

Posted in Copyright, Fair Use, Music, Technology, Video
One copyright case that owners and licensors of digital content should be following closely in the coming months is the one brought against Universal Music Group by Stephanie Lenz, a Pennsylvania mom who posted a video on YouTube of her young son on a tricycle with Prince’s “Let’s Go Crazy” playing in the background. Universal… 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

Publishers Driving the Copyright Royalty Board Bus (PART II)

Posted in Copyright, Internet, Music, Technology
As we previously noted, it was recently reported that in the midst of the Copyright Royalty Board (CRB) hearings, the publishers, record labels and digital music providers (DiMA) agreed to a settlement on the royalty rates for limited downloads and Internet streaming, that are scheduled to ratified this October by the CRB. Given the sides’… Continue Reading

A Congressional Foray Into the Net Neutrality Debate

Posted in Internet, Regulations
A Congressional Foray Into the Net Neutrality Debate On February 13th, 2008, Rep. Edward Markey, D-Mass., chairman of the House Energy and Commerce Committee’s subcommittee on Telecommunications and the Internet, introduced a bill to promote the principle known as “Net neutrality,” which prevents Internet service providers from playing traffic cop with Web content based on… Continue Reading