Digital Ownership and Consumer Protection in California: Implications of AB 2426

Emma Smizer | Frankfurt Kurnit Klein & Selz PC

Emma C. Smizer is an associate in the Interactive Entertainment Group at Frankfurt Kurnit. Variety included Ms. Smizer in their Dealmakers of 2023 “Up Next” list. Ms. Smizer advises clients ranging from independent video game developers to leading AAA publishers, offering legal support across a wide array of transactional matters.

Her practice is dedicated to supporting clients throughout the entire game production lifecycle, from initial development through post-launch. She frequently supports clients in intellectual property licensing, advertising, co-branding, monetization, and publishing and distribution matters. In her role, Ms. Smizer also works closely with attorneys in traditional entertainment and data privacy to provide holistic legal solutions for the complex demands of the interactive entertainment industry.

Zachary A. Lewis | Frankfurt Kurnit Klein & Selz PC

Zach focuses on a variety of transactions including software, content, font, and music licensing, entertainment and brand deals, influencer and talent agreements, contractor services agreements, and co-promotion and marketing agreements. He also advises prominent agencies, brands, platforms, developers, publishers, and individual creative talent on rights clearance and compliance with federal, state, and local laws and regulations.

In addition, Zach has experience drafting online terms of service, end-user license agreements, and other bespoke agreements for clients utilizing emerging technologies such as virtual reality, non-fungible tokens, and artificial intelligence. He also advises startups and established companies on data strategy, privacy, and security matters when transactions and projects involve emerging technologies.

Before joining Frankfurt Kurnit, Zach graduated cum laude from Temple Law in Philadelphia with a full tuition scholarship and worked as a staff editor for the Temple Law Review. He later served as a judicial clerk to the Honorable Anne E. Lazarus, President Judge of the Superior Court of Pennsylvania. For years, Zach has written about the intersection of law and technology with a particular focus on intellectual property law. He was recognized by Marquis Who’s Who in America in 2021 for his dedication to the field of law and passion for learning. Zach is admitted to practice in California and Pennsylvania.

I. Understanding ab 2426: Key provisions and legislative intent | 1:00pm – 2:00pm

• AB 2426’s core requirements, such as mandatory disclosures on licensing vs. Ownership at the point of sale
• Exemptions under AB 2426: Permanent offline access offerings and implications for digital retailers
• Legislative background and bipartisan support: The motivation behind AB 2426’s passage

Break | 2:00pm – 2:10pm

II. Risk allocation and transfer through insurance, indemnities, and bonding | 2:10pm – 2:40pm

• Obligations for digital retailers to prevent deceptive practices
• Possible consumer claims and potential legal actions post-AB 2426 implementation

III. Effective communication and documentation during project performance | 2:40pm – 3:10pm

• Practical advice for clients on purchasing digital goods under the new law
• Proactive measures digital content providers can implement to meet AB 2426 requirements
• Counseling consumers on recourse options if access to digital purchases is revoked