Law Offices of Robert Preskill

ROBERT PRESKILL, ATTORNEY AT LAW
Media and Entertainment Lawyers
in California and Illinois

Law Offices of Robert Preskill

415-377-3919
robert@preskilllaw.net


MY BACKGROUND AND APPROACH

After forming a literary agency that successfully markets the works of nationally known authors, I set out to build law practice that would break with some traditions and meet the needs of entertainment-, leisure- and publishing-based businesses.

With ten years of multiplatform publishing experience and additional rights management experience, I approach each issue from industry and legal perspectives with an eye toward your professional needs and goals.

By pointing out professional risks and rewards inherent in potential legal decisions, I attempt to empower clients and lend pragmatic advice rather than confusing legal theory. I often tap into industry resources to move a deal forward and gain information that will help the client make a choice. Whether you are attempting to achieve one key detail or plan the next three years of your start-up endeavor, Robert Preskill employs a wealth of contacts, experience and skills to address the issues that affect you.

A BIO
Robert Preskill, Esq., worked with The McGraw-Hill Companies, and before that Richard D. Irwin Co. (Times Mirror), in the latter part of the 1990s including sales, editing and production. By 2000, he helped found a five member literary agency and he continues to foster the works of writers through the negotiation of book deals. Clients have included award winning nationally recognized authors of fiction and journalists. In early 2003, he opened Preskill Law, a full service transactional law practice. Robert Preskill has recently served on the board of Small Press Distribution and is currently a board member of Z Space and a panel member of California Lawyers for the Arts.

California Lawyer magazine featured Law Office of Robert Preskill in February 2005. In 2005, he authored an article for The ABA's Entertainment and Sports Lawyer about the Google Print initiative and he continues to write related work. Robert Preskill is licensed to practice law in Illinois and California.

PRESKILL LAW: THE LAW OFFICES OF ROBERT PRESKILL

Preskill Law addresses transactional needs of small to mid sized technology and media firms. Practice areas include corporate, securities, licensing, intellectual property, franchise, as well as review and negotiation of enteratainment and publishing agreements.

Practice Categories. Publishing Law, Entertainment Law, Intellectual Property Law, Licensing Agreement Drafting, Merchandising Law, Copyright Law, Trademark Law, Entertainment Law, Music Law, Trade Secret Law, Internet Law, E-Commerce Law, Joint Ventures, Mergers, Business Start-ups, Small Business, Sports Law, Leisure Law, Business Planning Law, General Business Law, Corporate Law and Franchise Law.

HOW TO MAKE CONTACT / WHAT TO EXPECT

Locations.

email: robert@preskilllaw.com

Main Office:
500 Airport Boulevard, Suite 120, Burlingame, CA 94010
415-377-3919

San Francisco Satellite Office:
Sandbox Suites
123 10th Street, San Francisco, CA 94103

Beverly Hills Satellite Office:
400 S. Beverly Drive, Ste. 214, Beverly Hills, CA 90212

Generally, What to Expect. You will often receive a call back in less than 24 hours. You have the option of retaining counsel by phone and email in many cases. A retainer is typically required before work is done and in most cases, you need to review and sign our agreement. You should expect candid advice. The first thirty minutes of conversation by phone or in person is, unless otherwise discussed, free of charge, and serves the purpose of drawing out potential issues.



DISCLAIMER: COMMUNICATIONS ON THIS WEBSITE MAY NOT BE INTENDED FOR YOU. This communication may constitute an solicitation of legal representation/legal services or "ADVERTISING MATERIAL" that is considered against the rules for attorneys in your state. Robert Preskill is licensed in and practices in California and Illinois only. This website is specifically directed at people who are in those states. By publishing this website the attorney shall not be considered to be soliciting clients outside of the two states in which he practices and is licensed to practice. All words herein belong to and are the copyright of Robert Preskill. All rights are reserved.

The ABCs of Licensing

What is a "license"?

A license is an agreement to allow someone else to do something with your property. While real estate lawyers might discuss a license in the context of your right to enter a stadium and watch a football game without owning a portion of the stadium itself, media people similarly discuss licenses.

In media and entertainment, when we talk about "property" we mean intellectual property ("IP") such as a trademark (a name you assign to a product or service for sale) or a copyright ("expressions" like a novel or song in a "fixed medium" like paper or a recording).

So, for example, we may want publishers to publish our book of poetry but we don't want them to own the core work itself. Or we may want to hire a company to print tee-shirts with our company logo and then pay us a royalty but we do not want to transfer the trademark or any other rights (for example, the right to use the logo on coffee mugs, video games, other services) to them. Licensing means we are allowing them usage, but not the copyright or trademark itself.

This is not to say that publishers do not require an author to give away many aspects of usage (lawyers refer to each aspect as a "stick" in the "bundle of rights") in what amounts to many exclusive provisions. Publishers, labels, merchandizers and others want "exclusivity." Exclusive arrangements lower a business person's risk and allow an incentive for broad distribution of the licensed rights. If you knew someone else would have the same rights to publish a book as you did, would you work as hard to publish and distribute it, assuming there was not a shortage? (Think about non-exclusive arrangements to print White Sox Championship clothing two days after they win the World Series versus six-months later?)

People securing a license to do something may paint their contracts with broad strokes, attempting to encompass all related rights too. This protects their investment because they, in some cases, are adding value to the brand or property and want to reap related benefits. Think about a book publisher that may secure video game exploitation rights to boot. They sense that without them, no video game publisher would be aware of the property (the book and its story) and since they are adding value, they want the ability to a certain percentage on such exploited rights.

One last concept that seems worth mentioning is "territory." If a publisher buys "rights throughout the world," they then have the ability to sell their rights of the book into other editions and languages. Sometimes only the "domestic" (US) rights are sold and the author may (through his agent) sell rights directly without including the publisher in the commission. This concept applies on a smaller scale to many other areas of licensing. So, for example, you can allow that Alemeda County, California be an exclusive territory for a manufacturer/distributor of gifts using your IP (such as your logo or cartoon character). If that logo is the Oakland A's logo, that may be enough to entice the parties to strike a deal. If that logo is something less relevant or less known, then they might want the ability to license the product throughout California.


NOW, A WORD FROM OUR SPONSOR...

At Preskill Law, our media and entertainment licensing practice includes everything from the basic book or film deal to video games, bulk music licensing agreement, tour performance agreements, electronic media agreements and miscellaneous entertainment agreements. Robert Preskill has over six years of experience in reviewing various publishing agreements and film contracts including contracts he negotiated for a literary management company.

Merchandizing (a form of licensing) comes into play with virtually every major entertainment and franchising opportunity. By registering intellectual property related to name and likeness, one can license out a catalog of rights or a fixed recognizable trademark. We assist companies who are marketing merchandize on a broad basis.

Our goal is to work with professionals who need trustworthy and prompt assistance in reviewing, negotiating and, if needed, drafting of agreements that will affect their outcome.

For more information, please contact Robert Preskill directly at 415-377-3919.

preskilllaw@hotmail.com