Legal Question in Telecomm Law in New Jersey

hello i'm interested in starting a buisness with (distrubiting their product in the usa) The buisness involves IPTV (which is television over the internet). the company is based out of germany do they need any license or so furth. to broadcast this tv in the usa. would i get into any legal matter by distrubiting their product in the usa?

Asked on 2/05/12, 10:03 am

1 Answer from Attorneys

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Broadcasting television over the internet does not require any FCC permission, however needless to say that you/they should form a company in the U.S. to facilitate this activity here.

If you will be their business partner and/or an independent distributor you have to enter into a proper licensing agreement with the German company as well as into business agreements that would evidence the business arrangement that you have with the parent company. In addition, you should consider entering into is a distributor agreement which would in effect give you exclusivity over the distribution of their TV product in the U.S. and maybe also Canada and other countries in the Americas (as a side note, though it is difficult to give exclusivity on the internet, nonetheless, I have successfully negotiated agreements that assigned territory and exclusivity to internet ventures).

If, on the other hand, you will be an executive working in their U.S. subsidiary then you would need an employment agreement and equity agreement if you will be receive equity compensation and the entity would need various corporate governance agreements.

I would be happy to answer any additional questions you may have. Feel free to contact my office at your earliest convenience.

Roman R. Fichman, Esq. │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Answered on 2/05/12, 10:41 pm

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