Law Offices of Edward R. Hearn

Based in San Jose, California, the Law Offices of Edward R. Hearn focuses on intellectual property and business matters related to creative artists and media-based companies.

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Firm Overview

Our firm provides comprehensive legal counsel to entertainment, internet, and computer software businesses all over the world, including the United States, the United Kingdom, Italy, Japan, and Korea. Please see our practice areas overview for more information regarding the full spectrum of our professional services. For over 35 years, firm principal Edward (Ned) R. Hearn has assisted clients with the unique business and legal issues involving the intersection of content, media, and technology, including entertainment, internet, copyright, trademark, business start-ups and development, and the use of intellectual property (IP) in all forms of media. Prior to starting his own practice, Ned gained significant experience working for both East Coast (Cleary Gottlieb, Steen & Hamilton) and West Coast (Fenwick & West) law firms, becoming well versed in business matters, including corporate governance, structured finance, mergers and acquisitions, and complex litigation, while simultaneously refining and advancing his expertise in the area of IP law. With decades of high-level experience and first-hand knowledge of running a business, Ned is able to offer his clients knowledge, resources, and sound advice, enabling them to make informed decisions and take the right steps toward reaching their goals. If you are an artist, a business, or both, establishing ownership of your intellectual property assets is essential, not only to protect your work but also to maximize your financial potential. Whether beginning a new project, expanding, or facing an IP-related obstacle, we partner with our clients in order to achieve legal solutions that are as creative and forward thinking as the people and industries that we represent. Please contact the Law Offices of Edward R. Hearn for more information about procuring and safeguarding valuable intellectual property rights.
Main Office

Main Office
111 North Market Street
Ste. 300
San Jose  CA  95113

Phone
  • 408 418-4630
Intellectual Property
Business & Technology
Representing creative artists and media-based companies worldwide, the Law Offices of Edward R. Hearn in San Jose, California offers comprehensive legal counsel regarding business and technology issues, including the convergence of content, media, and technology, business formation, the licensing of intellectual property rights, clearance issues, and talent services.

The Convergence of Content & Technology in Digital Environments The concept of "convergence" encompasses the profound changes to the structure of media caused by the evolution of digital technologies into the predominant method of presenting, communicating, and storing information. Prior to the digital age, information and communication methods were divided into distinct economic and technical systems with minimal opportunity for interoperability. Today, information content from sound broadcasting, television, motion pictures, music recordings, photography, literature, and currency may all come together into a single application or service. As the speed of convergence increases, traditional media business models are disappearing rapidly, and businesses are increasingly focusing on content ownership, and the challenges presented in monetizing such content.

Establishing content ownership is important because while the dispersal of information across a variety of media offers individuals and businesses wide exposure and growth potential, it also makes one's work vulnerable to improper use by others. Furthermore, content is an asset that costs money to produce and maintain; convergence coupled with secured ownership enables individuals and organizations to maximize the accessibility, use, and profitability of content by allowing it to be sorted, searched, retrieved, and perhaps syndicated, with ease and efficiency. At the Law Offices of Edward R. Hearn, we work with our clients to develop, implement, and optimize convergence strategies, ensuring that content assets are at once protected and maximized.

Business Formation Choosing the right type of business organization during the formation process is often the first step to building a successful enterprise. We help clients structure new businesses, ensuring that the organizational scheme best suits their business needs and protects them from both legal and financial liabilities. For each client, we aim to fully account for the size, mission, and ultimate goals of the business and provide personalized advice and legal counsel.

When we assist clients with their initial planning and formation, we do so with an eye toward the future. Accordingly, our firm also offers consulting services, helping clients to comply with corporate formalities requirements, maintain accurate records, manage assets, enter into beneficial contracts, and ultimately, develop and grow.

Licensing Intellectual Property Rights In many situations, such as business expansion, merchandising opportunities, or quality improvement, licensing of intellectual property rights is an effective tool for achieving one's business goals and growth plans. A licensing agreement is a partnership between an intellectual property rights owner and another party who is authorized to use such rights in exchange for an agreed upon payment, usually a fee or royalty. When entering into licensing agreements, it is essential to make sure that the contract accurately and narrowly describes the extent of the license at issue. We help individuals and businesses develop procure and establish profitable licensing arrangements.

Clearance Issues Clearance is the process of determining and negotiating any permissions that are needed to include another's intellectual property in a creative project or business endeavor. Our firm handles clearance issues related to all forms of media, such as obtaining use rights from others, authorizing others to use client content, and ensuring that our clients' likenesses and intellectual property assets are used and obtained properly.

Talent Services
A talent service agreement is an employment contract between a production company and its employee, the talent. Our firm drafts and negotiates talent service agreements in all media for both performing talent and production companies contracting for performing talent. In all matters, we ensure that our clients' rights are maximized and protected. Seek Experienced, Dedicated Representation For over 35 years, Edward R. Hearn has devoted his practice to helping creative artists and media-based companies use effective legal strategies and new technology to protect and maximize their intellectual property assets. If you or your business needs assistance with any aspect of intellectual property or business law, please contact our offices today.

Edward Hearn

With his principal office in San Jose, California, Edward (Ned) R. Hearn represents clients worldwide in intellectual property and business matters related to creative artists and media-based companies.

Ned's practice focuses on entertainment, internet, and computer software businesses and their convergence, intersecting content, media, and technology in the digital internet environment, including: recording, production, and publishing; multi-media and internet web-based productions; video games for mobile and console based platforms; mobile apps; digital distribution and repurposing of content; licensing, distribution, and marketing; copyright and trademark matters; merchandising; sponsorships; film, television, video productions; options, scoring, and soundtracks; content syndications; literary publishing, including fiction and technical and professional non-fiction; clearances for use of intellectual property in all forms of media; talent services negotiating and contracting; strategic alliances; content catalog sales and purchases; business start-ups and development; private financing; and private mergers and acquisitions of content and media-based companies.

His clients include record labels, music publishers, book publishers, software and video game publishers, traditional and internet-based media, production, technology, and content distribution companies; webcasting companies; recording artists, writers, producers, managers, authors, software, video game, and app designers and developers, and multimedia product and website designers and developers.

Ned has co-authored Musician's Guide to Copyright, (Scribners); The Musician's Business and Legal Guide (Prentice Hall); has published numerous articles on his practice area; and has presented at dozens of conferences, including for the American Bar Association (ABA), Practising Law Institute (PLI), American Society of Composers, Authors, and Publishers (ASCAP) Expo, California Lawyers for the Arts, NARAS/Recording Academy, and various media and trade association conferences.

Education
Rutgers University, Juris Doctor, cum laude, 1970, Editor-in-Chief, Rutgers Law Journal (1969-1970); Bachelor of Arts, magna cum laude, 1967

Admissions
-New Jersey, 1970
-United States District Court of New Jersey, 1970
-New York, 1972 United States District Court, Southern and Eastern Districts of New York, 1973 California, 1976
-United States District Court, Northern District of California, 1976

Professional Memberships & Associations
-State Bar of California, Intellectual Property Law Section
-American Bar Association, Entertainment and Sports Forum
-California Lawyers for the Arts, Board of Directors, Member, Board of Directors, 1976-present (President, 1978-1981)
-West Coast Songwriters Association, President, 1979-2007, President Emeritus and Advisory Board, 2007-present
-NARAS-The Recording Academy, San Francisco Chapter, Board of Governors and Education Committee Co-Chair, 2009-present
Education
  • Rutgers University
    Juris Doctorate
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