London, United Kingdom – LAWFUEL – The Law News Network – International law firm Dechert advised US performing rights organisation Broadcast Music, Inc (BMI) on its acquisition of new digital audio technology from UK-based Shazam Entertainment Ltd, named BlueArrow.
BlueArrow uses pattern recognition to identify performances from any source containing audio, and will greatly expand BMI’s ability to measure the performance of music on radio, television and the internet for which the organisation collects licensing fees on behalf of 300,000 songwriters, composers and publishers. The organisation has formed a wholly-owned subsidiary, Landmark Digital Services LLC, to own, deploy and exploit BlueArrow’s technological potential. Landmark will also develop future technologies that can be integrated into BMI’s royalty distribution systems.
“We believe this advanced technology will be a tremendous benefit to BMI as we continue our drive to maximize efficiency in measuring music use,” said BMI Chief Operating Officer John Cody. “The ownership of this technology will provide Landmark Digital Services with real opportunities as a leading-edge supplier of music performance data.”
BlueArrow technology will first be applied to increasing the data available for BMI’s radio airplay measurement. Over the next 12 months, performance information from this new technology will be combined with BMI’s current radio airplay measurement system, providing BMI with the industry’s most diverse picture of radio airplay.
Additionally, the technology can be applied to any audio performance and a wide spectrum of media, including broadcast and cable television and the Internet.
The agreement between Shazam and Landmark transfers worldwide ownership rights of this cutting edge technology to Landmark, including patents and pending patent applications. As part of the agreement, Shazam will continue to pursue business activities aimed at mobile consumer use of BlueArrow technology under a worldwide exclusive license to be provided by Landmark.
Paul Kavanagh, the head of IP in London, led the Dechert team advising BMI. Technology/IP associate Renzo Marchini handled the technology aspects and advised BMI in relation to Shazam’s license to continue mobile consumer use.
Said Renzo : “This was an innovative deal involving the division of fields of use between business and consumer uses. None of us can recall working on anything quite as complex.”
Paul added: ” We all found it very stimulating and challenging. It also illustrates how the market for expert legal advice in these complex areas are truly international; our client, a US corporation, were represented by English solicitors, while Shazam, an English company, were represented by Californian attorneys.”
In addition to Paul and Renzo, partner David Wallis handled corporate aspects. IP associates Richard Waller and Stuart Goldberg also assisted. Fulbright & Jaworski LLP assisted on certain US aspects on behalf of BMI.
Shazam Entertainment Ltd were advised by Cooley Godward of Palo Alto.
