Kraig L. Marini Baker

Co-Chair, Games Practice at Davis Wright Tremaine LLP

Kraig L. Marini Baker

Kraig L. Marini Baker

Co-Chair, Games Practice at Davis Wright Tremaine LLP

Biography

Kraig Baker focuses on advising clients and providing assistance with intellectual property licensing and operational contracts across the full range of issues in technology, innovation, media, entertainment, sports, advertising, privacy, and social media matters, with a particular emphasis on mobile, innovative technology, digital media, and interactive entertainment.

He is also an instructor in the Communication Leadership graduate program in the School of Communication at the University of Washington, where he has taught classes on "Law of Digital Distribution, Interactive Media, and Content" and “Law and Privacy Issues with Data, Wearables, Internet of Things, and Artificial Intelligence” since 2001. He also has taught the law section of the Advanced Interactive Marketing and Social Media certificate programs at the University of Washington. He is also a regular speaker on cutting edge issues including trends in digital media, Big Data, artificial intelligence, the internet of things, use of social media, and legal issues of innovation and disruption.

Kraig's clients include: Adidas America, Amazon.com, Ford Foundation, GNC, Madison Square Garden, Microsoft, NBBJ, Penguin Random House, Pokemon USA, REI, Root Sports Northwest, Seattle Foundation, Seattle Times Company, Scripps Networks Interactive, Toyo Tires, Washington Film Works, Washington State Employees Credit Union, Wenner Media, and various young companies in big data, the internet of things, artificial intelligence, digital media production and distribution, and the cloud.

Practice Highlights

Media/Entertainment

* Drafts and negotiates publishing and consulting agreements, music licensing agreements, talent agreements, live event contracts, television, film, theatre, and event production contracts, television and film distribution agreements (including digital distribution), network affiliate agreements, life story and book option rights, video game development and distribution contracts, sponsorship agreements, brand integration agreements, endorsement agreements, merchandising agreements, model and photo releases, advertising agreements, and various other entertainment contracts
* Provides regular advice and due diligence on copyright clearance, rights analysis, and rights of publicity issues, particularly on use of properties in a digital and/or mobile environment, including user-generated content and social media issues. Provides pre-publication review of books, articles, website, and blog postings for various publishers
* Serves as production counsel for independent film, television, Web and video game productions and digital music services, including providing advice on all aspects of day-to-day production issues

Sports

* Drafts and negotiates broadcast rights, distribution and over-the-top application agreements with sports leagues, universities, and others. Handles clearance issues for sports footage, television production infrastructure agreements, and other sports-related production and broadcast contracts for television and digital media.
* Drafts and negotiates sponsorship agreements, endorsement agreements, merchandise license agreements and provide counsel regarding associations with athletic leagues, teams, and events
* Counsels professional sports teams, sponsors and vendors working with teams, leagues, and athletic facilities

Games

* Represents publishers, consoles, platforms, and rights holders with respect to drafting and negotiation of game development, publishing, and distribution agreements for consoles, online play, mobile, and board games
* Counsels game developers and publishers on ancillary revenue strategies, including negotiating merchandising agreements, transmedia arrangements, and in-game advertising policies
* Advises on music related issues related to video games

Technology/Internet

* Provides Internet, mobile, and technology-related advice to and has participated in Internet- and technology-related transactions on behalf of established businesses, large Internet and technology companies, and smaller startups. These transactions have involved many of the industry's leaders and have dealt with many cutting-edge issues facing technology, including the "Cloud," social media, data management agreements, outsourcing contracts, open source issues, and joint development agreements.
* Drafts and negotiates content licenses, software licenses (both open source and closed source), hosted services agreements, application development agreements, enterprise systems licenses, software development agreements, hardware procurement and development agreements, master services agreements, website design and hosting agreements, webcasting and retransmission agreements, joint marketing agreements, consulting agreements, distribution and fulfillment agreements, business to business arrangements, financial transaction agreements, video game creation, production and distribution agreements, fulfillment, distribution, and warehousing agreements, agreements with technology transfer offices, and website privacy policies and terms of use
* Advises on copyright, trademark, and defamation issues, including pre-publication review of website content and other basic publisher liability advice for websites
* Drafted and negotiated more than three dozen international agreements with foreign companies in Australia, Canada, China, Denmark, Egypt, Germany, Guatemala, India, Japan, Malaysia, Russia, South Africa, Turkey, and the United Kingdom

Privacy and Security

* Regularly advises on privacy and security issues, including designing data collection processes, database and customer list licensing, data retention and security policies, behavioral advertising, impacts of user-generated content, spyware and "cookie" issues, encryption, watermarking and digital rights management, and compliance with Gramm-Leach-Bliley, COPPA, CAN- SPAM Act, HIPAA, FTC Enforcement Actions, required privacy disclosures, the EU Privacy Directive, Canadian privacy laws, and various other federal and state privacy issues
* Regularly advises on accessibility issues relating to online access by persons with disabilities in the United States and internationally
* Drafts and negotiates database licenses, network security agreements, social media policies, document retention policies, privacy policies, and website terms of service

Advertising and Merchandising

* Drafts and negotiates, on behalf of advertisers, advertising agencies, and media companies, sponsorship and promotional agreements, agreements with advertising and public relations agencies, merchandising agreements for various entertainment properties (including clothing, toys and games), content and sweepstakes rules, advertising agreements and insertion orders for print, Internet, television and radio, video games, advertising policies, dynamic and static product placement agreements, and trademark licenses
* Regularly provides pre-publication review for advertising and advice on trademarks, privacy issues, advergames, buzz marketing campaigns, rights of publicity issues, behavioral advertising, viral and guerilla marketing, FTC and other regulatory compliance issues, CAN-SPAM Act and wireless spam issues, and content liability issues

Telecommunications

* Regularly provides advice to telecommunications companies on Wi-Fi, mobile entertainment and content issues, including copyright clearance and DMCA safe harbor, and related issues
* Drafted and negotiated ring tone, Java game and wallpaper licenses, roaming agreements, subscriber agreements, joint marketing agreements, software services agreements, building access agreements, rooftop licenses, and office and technical space leases

Overview
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Number of Awards

1

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Chair, Litigation Department at Davis Wright Tremaine LLP

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Chair, Immigration Practice Group at Davis Wright Tremaine LLP

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Chair, China Practice at Davis Wright Tremaine LLP

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Partner at Davis Wright Tremaine LLP

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Partner at Davis Wright Tremaine LLP

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Partner at Davis Wright Tremaine LLP

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Partner at Davis Wright Tremaine LLP

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Partner at Davis Wright Tremaine LLP

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Partner at Davis Wright Tremaine LLP

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Partner at Davis Wright Tremaine LLP

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Kraig L. Marini Baker
Co-Chair, Games Practice at Davis Wright Tremaine LLP
Career History
Instructor in Communication Leadership Graduate Program, Department of Communication
2001 - Current

Founded in 1861 by a private gift of 10 acres in what is now the heart of downtown Seattle, the UW is one of the oldest public universities on the West Coast. We’re deeply committed to upholding the responsibility that comes with that legacy. And being public has always meant being accessible. Anyone can enjoy and be enriched by all the UW has to offer, including world-class libraries, art, music, drama, sports and the highest quality medical care in Washington state. Being public also means being engaged with our communities, and through knowledge and discovery we are elevating the quality of lives of others.

Co-Chair, Games Practice
Current

Davis Wright Tremaine LLP is a national business and litigation law firm representing businesses based throughout the United States and around the world. The company was founded in 1908 and it is based in Seattle, Washington.

Awards & Honors
1995
Admitted to Washington State Bar
Other Affiliations

Kraig L. Marini Baker is affiliated with University of Washington, Davis Wright Tremaine LLP

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