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Legal Briefings - Media

Wednesday 26 November 2014

PRODUCERS BEWARE! Sales Agencies in the Film and Television Industry

The practice in the Film and Television Industries whereby sales agents contract with distributors and licensees as principals is not one with which producers and rights owners should collude. This is especially so where the profit participants in a production do not appoint an independent collection agents pursuant to the terms of a properly drafted and negotiated Collection Account Management Agreement (“CAMA”).

Experience suggests that as good as a sales agent may be at sales, not all of them have an equivalent level of expertise in either contract law or how to act in a fiduciary capacity.

Monday 11 November 2013

A Brief Guide to Online Licences for Music Services

PRS for Music (which covers both MCPS and PRS) has published some useful guidance in relation to the types of online licences which are available to online music services.

There are three types of online licences available, and the question of which licence will apply depends on the size of the music service in question.

Friday 23 November 2012

Starbucks and others v BSkyB – Trade mark ‘distinctiveness’ and establishing a reputation in the UK

Earlier this year, BSkyB announced its plans to launch a new internet television service, “NOW TV”. Starbucks, a broadcasting and telecommunications company (no relation to the well-known coffee company!) commenced proceedings against BSkyB, alleging trade mark infringement and passing off. Starbucks had registered a Community Trade Mark comprising the words “now” with six lines emanating from the letter “o”. The mark was used for a number of services, including its internet television service broadcast in Hong Kong.

On 2 November 2012, the High Court held that BSkyB’s use of the name “NOW TV” did not amount to trade mark infringement, nor did it amount to passing off.

Wednesday 14 November 2012

An Introduction to Contracts and Legal Issues for Film Makers

An Introduction to Contracts and Legal Issues for Film Makers – Raindance 13 November 2012

Tuesday 2 October 2012

Media and Technology

Conflicts of interest: keeping the members of the Artist’s

Conflict of interest, you’re split right in two
Your convictions lie between your shadow and you
When I need your help and I’m heading your way
Both of your halves turn the same shade of grey
Conflict of interest1

Introduction

The economic downturn continues. Digital distribution of sound recordings – both legal and unauthorised – has forever altered the revenue models of the record business. The advances from plentiful, large scale record and publishing deals that were once used as the basis for cash-flowing the early years of an artist’s career have diminished to a trickle. The desire of record companies to preserve their hegemony over the music industry has led them to attempt to divert to themselves others of an artist’s revenue conduits. As a consequence, the funds that were once available to adequately cover the cost of professional advice and properly remunerate other members of an artist’s team during the early stages of his career may now be required to cover an artist’s more basic needs.

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