Content Licensing and Distribution

We represent businesses across the media spectrum, from Fortune 500 companies to startups, on a wide range of content licensing and distribution matters. Our clients include the biggest television and radio broadcasters, television networks and cable programming services, affiliate groups, stations, multichannel video programming distributors, news organizations, investors, social media platforms, and digital and new media companies.

Our multidisciplinary team is an integral part of Wiley’s preeminent Telecom, Media & Technology Practice – the largest in North America. We leverage the firm’s unparalleled expertise in the legal, transactional, technological, and regulatory developments that have revolutionized the very nature of communications and media.

To deliver an ever-increasing volume of content across multiple platforms, companies must navigate an array of complex legal and rights issues. Our extensive transactional capabilities, combined with the larger TMT team’s unrivaled subject-matter expertise in areas such as corporate, technology transactions, intellectual property (IP), FCC regulation, application infrastructure, and privacy/cyber, give us a deep understanding of the business and regulatory implications of media transactions.

We have in-depth knowledge of a wide range of technologies, products and services, from traditional broadcast and pay television, to over-the-top (OTT) internet and mobile streaming and other emerging technologies, such as augmented reality (AR), virtual reality (VR), and the use of blockchain technologies for content, including non-fungible tokens (NFTs) and digital assets. We are experienced in multiple content delivery business models, including subscription linear and video-on-demand (SVOD), advertising-based video on demand (AVOD); and free ad-supported streaming TV (FAST).

Our experience includes:

• Representing content owners and distributors on licensing and distribution of television networks, cable programming services, and other content on all platforms, including:
  • Linear (scheduled programming) and on-demand via cable, satellite, digital multicast; and
  • Streaming OTT platforms, such as virtual multichannel video programming distributors (vMVPDs); AVOD; FAST; connected TVs (CTVs); and other applications.
• Assisting with business and legal issues associated with digital and online distribution platforms, including content licensing, public performance rights, copyright, and defamation.
• Advising on use of blockchain technologies for content, including non-fungible tokens (NFTs) and digital assets on content platforms.
• Advising content distributors on compliance with federal, state and foreign privacy laws, such as the Video Privacy Protection Act (VPPA), the Children’s Online Privacy Protection Act (COPPA), the California Consumer Privacy Act (CCPA) and the European Union’s General Data Protection Regulation (GDPR).
• Negotiating Big Four network affiliation agreements.
• Negotiating retransmission consent agreements.
• Advising cable providers in negotiations with local franchise authorities regarding securing, renewing, and transferring control of cable franchises.
• Negotiating multichannel use, syndicated programming, and other program licensing agreements.
• Counseling clients on newsgathering issues, including privacy, libel, audio-visual coverage of courtroom proceedings, access, fair use, and reporters' privilege.
• Structuring and negotiating agreements with major studios, producers and content owners for production, development, acquisition, and licensing of content for television, radio, and internet distribution.
• Drafting digital advertising agreements with media companies and advertising agencies.
• Negotiating digital rights management agreements.

Contact Us

Kathleen A. Kirby
202.719.3360 | kkirby@wiley.law

Craig Sperling
202.719.3239 | csperling@wiley.law