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  • Description
    Video games have evolved beyond mere entertainment and are now a serious industry. While the people scour the world for Pokemon, hundreds of thousands of people are hard at work looking for the next game to capture our imaginations, and our time. As these games and characters develop, new laws and regulations are developing around them. In fact, every new title that is created comes with its own contract and legal issues. This CLE course will explain what people in the industry, as well as their lawyers, need to know. The course will review the applicable laws and explain which elements of games are protect able under them. Copyright, distribution and ownership agreements as well as other contracts, fees, infringements, First Amendment and publicity issues and ancillary products and a review of recent cases will all be reviewed in this comprehensive course.
  • Instructor Bio

    Sean Kane

    Sean F. Kane is co-Chair of the Interactive Entertainment Group at Frankfurt Kurnit, where he represents a variety of companies in the video game and social media industries. Mr. Kane’s clients often are on the cutting-edge of media, content and technology creation where rapid innovation is leading to the birth of new products, companies and industries. He has considerable experience negotiating licenses, developer and publisher agreements, and in protecting the intellectual property rights of video games and related social media applications, including trademark and copyright protection, clearance and enforcement.

    Mr. Kane has worked at the forefront of the interactive entertainment industry for the past decade and has represented clients on transactional matters involving various business segments, such as console and PC video games, virtual worlds, eSports, online gaming, social gaming, mobile and tablet gaming, virtual currency, mobile apps, social media, computer software and the Internet. Mr. Kane’s clients range from start-ups to the largest developers and publishers in the video game industry. He counsels and works with clients to structure, negotiate and implement complex content acquisition, development and distribution deals. Mr. Kane regularly advises clients on licensing, co-branding, consulting, advertising, content monetizing, publishing and distribution transactions. He also has experience litigating complex business and intellectual property disputes in federal and state courts at trial and appellate levels and in ADR forums throughout the country.

    Mr. Kane is a frequent speaker on video game panels and seminars on behalf of organizations such as: Law Seminars International, Practising Law Institute, Game Developers Conference, LOGIN, RSA, Digital Hollywood, NY Games and the American Bar Association. Mr. Kane is frequently quoted by the media and has written extensively on legal topics relating primarily to intellectual property and entertainment issues. For example, he is the author of: "Video Game Battle: 1st Amendment Vs. Right of Publicity", published by IP Law360 and Media & Entertainment Law360, March 2012; and "Virtual Judgment: Legal Implications of Online Gaming", published by IEE Security & Privacy, Vol 7, No. 3, May/June 2009. He is chapter author of "Virtual Property, Real Law", for the book "Settlers of the New Virtual Worlds" published by BookSurge Publishing, August 2008; and co-author of "Virtual Worlds, Real World Perils" published in Landslide: A Publication of the ABA Section of Intellectual Property, Vol. 1, Number 1 September 2008.

    Mr. Kane is a founding member of the Video Game Bar Association. He is a member of the American Bar Association Section of Intellectual Property Law, where he recently served as Chair of the Computer Games and Virtual Worlds Committee. Additionally, he is a member of the Section of Science & Technology Law, where he served as the founding Chair of the Virtual Worlds and Multiuser Online Games Committee. Mr. Kane is the Vice Chair of the ABA Section of Intellectual Property Law: Information Technology Division and is also a member of the American Arbitration Association IP Panel of Neutrals.

    Prior to joining Frankfurt Kurnit, Mr. Kane was special counsel to Pillsbury Winthrop Shaw Pittman LLP and founder of Kane & Associates LLC, where he served as Chair of the firm’s Interactive Entertainment Practice Group. He is admitted to practice in the United States District Courts for the Southern and Eastern District of New York and in New Jersey.