Disruptive technology is reshaping the media and entertainment landscape. Advances in broadband Internet connectivity, the digitisation of content and ubiquitous technologies that empower consumers are creating an array of commercial challenges and opportunities.

Our role is to help you to properly address these challenges and leverage opportunities for growth.

What we can do

Our lawyers are skilled in developing strategies, agreements and policies for clients, including:

• Software and technology development, collaboration, licensing and transfers
• Procurement agreements for software, equipment and professional services, including outsourcing
• Software as a service and hosting arrangements
• Data security
• Privacy regulation and protection
• User-generated content
• Social networking
• Interactive advertising, co-promotion and sponsorships
• Music licensing

Content-creation

We negotiate content licences.

We analyse potential liability related to Web site content, including chat rooms, copyright clearance, bulletin boards and third-party content providers.

We negotiate work for hire, appearance, copyright assignment and other talent agreements with authors, photographers and other contributors.

We conduct pre-publication reviews and copyright clearances.

Media distribution

We advise clients on the distribution of multimedia content, streaming media, the download of music, games and video.

Web site infrastructure

We negotiate Web hosting, Web site design contracts to help ensure maximum data protection and ‘up-time’.

We help clients by protecting trademarks and by providing Web site reviews.

Integrated marketing

We negotiate online advertising agreements, joint marketing agreements, online sponsorship agreements and other marketing arrangements.

We also advise on e-commerce-related support, including reseller agreements and other arrangements for the online sale of goods and services.

Back-end services

We negotiate agreements for software as a service, data storage, payment processing, warehousing, outsourcing, network monitoring and customer support.

Optim Legal lawyers advise on other key areas of commercial law, including trade marks and Intellectual Property,  corporate deals, property transactions and employment relations.

Transactions and agreements

Our Telecommunications lawyers have extensive experience advising on:

• joint ventures relating to fixed, mobile and satellite communications
• consortium agreements for joint licence bidding activities; public tenders, vendor financing, sale and leaseback structures and receivables financing
• communications infrastructure projects
• equipment procurement arrangements
• commercial arrangements for mobile operators including infrastructure sharing arrangements; network build agreements
• outsourcing and facilities management agreements
• regulatory advice and on-going compliance matters

Telecommunications law

Members of our team have assisted clients with:

• negotiating and arbitrating interconnection agreements
• the resolution of inter-carrier disputes
• negotiating contracts for network services
• access charge pricing and rules and universal service funding
• gaining approval of major mergers (and also opposed mergers on behalf of affected clients)
• dispute resolution and litigation regarding compliance with Communications and Media Authority regulations
• certification and tariffing requirements for facilities based carriers and resellers
• regulatory due diligence on an array of transactions
• approval requirements for mergers and acquisitions involving telecommunications entities

Broadband infrastructure

The Government has announced it will establish a new company that will invest up to $43 billion over eight years to build and operate a National Broadband Network delivering superfast broadband to Australian homes and workplaces.

A series of legislative changes will take place that will govern the national broadband network company and facilitate the rollout of FTTP networks, including requiring use of fibre optic technology in future greenfield developments.

Our team uses their knowledge of broadband technologies and marketplace realities to provide clients with the strategic advice on broadband related projects ranging from complex inter-company deals to more straightforward projects requiring only basic program monitoring and

Members of the Optim Legal team are well versed in clean, green and renewable technologies. They have acted for a range of organisations applying cutting-edge technology to make more efficient use of key resources while reducing adverse environmental impacts such as greenhouse gas emissions.

Renewable Energy Projects and Infrastructure

Developers and financiers of renewable energy projects and technologies have access to an elite team of lawyers that combines expertise in the following areas:

• Environment & Planning – navigating the complex environmental and natural resource regulatory environments
• Corporate – joint-venture, partnership and PLC agreements acquisitions, mergers, divestitures and private equity investments in Australia and overseas
• Banking & Finance – project and infrastructure finance, lease financing, mezzanine and subordinated debt financing
• Property – site leases, purchase and sale agreements
• Projects & Infrastructure – preparation and negotiation of power sales contracts, engineering procurement and construction agreements, equipment purchase agreements, operation and maintenance agreements
• Litigation – team members have acted in landmark construction, environmental and planning litigation.

Transitioning companies

We can advise clients in traditional industry sectors who are seeking to respond to the environmental and natural resource imperatives they face in relation to the potential use and sale of greenhouse gas emission reduction and renewable energy credits.

Cleantech ventures

We act as trusted advisers to early-stage ventures advising on:

• business structures, including research and development and other special purpose joint-ventures
• securing intellectual property rights, and other IP issues such as trademarks and licensing.corporate transactions and a range of commercial agreements to support building expansion plans
• private equity transactions and later-stage funding

Supporting a Sustainable Economy

Optim Legal offers a 10% discount to clients whose primary business activity is reducing adverse environmental impacts such as greenhouse gas emissions.