Media, Technology & IP
Every business uses Intellectual Property, the significance and value of which should not be underestimated.
All businesses inevitably generate original copyright material and may number other species of Intellectual Property amongst their assets including trade marks, domain names and, in the cases of manufacturers, design rights.
We advise enterprises operating across a broad spectrum of commerce on their Intellectual Property assets as well as clients involved in the Media and Entertainment industries. In particular, we are regularly engaged to undertake Intellectual Property audits whereby we investigate the entitlement of a business to use its Intellectual Property as well as to review the arrangements in respect of which its Intellectual Property may be exploited.
Media and Entertainment
Music, Film, Television, Publishing and Digital Entertainment are all areas in which we have considerable expertise and experience and which have been at the core of the Firm’s practice since its inception.
We regularly represent record labels and producers, music publishers and managers as well as composers, bands and solo artist. We advise on a broad range of industry agreements including recording, publishing, management, sponsorship and merchandising agreements.
We have particular expertise in dealing with all aspects of the creation, synchronisation and secondary exploitation of music, the use of music in film, television and theatrical productions and in other audio-visual media including computer games.
We have extensive experience in the acquisition and disposal of catalogues of recordings and music publishing rights and in advising on licensing issues and copyright infringement.
Film & Television
We are experienced in all aspects of motion picture production from the acquisition of underlying literary rights through to co-production arrangements, film finance and talent deals. We provide general production and post-production advice, including dealing with composers and VFX providers and advising on sales and distribution agreements.
Our work also extends to libel readings/viewings, rights clearance, reviews of scripts and finished films including documentaries.
In relation to Television, we advise on all aspects of production from development of programmes and formats, broadcaster commissioning arrangements and distribution agreements.
The team advises a number of authors as well as both digital and other publishers on a range of agreements and other matters pertaining to the creation, exploitation and protection of their copyrights.
Digital Media & e-Commerce
In addition to advising computer games developers and publishers, the team also represents those devising and exploiting Apps, as well as website developers. The team also advises on all aspects of e-commerce and web regulation and hosting.
In relation to e-Commerce we advise on all of the applicable terms and conditions, end-user agreements
We advise on the implications of the Data Protection Act and related legislation such as the Privacy and Electronic Communications Regulations. We advise on the implications of and contractual arrangements required for transferring data outside of the EU and the requirements imposed by the Freedom of Information Act.
Technology & Outsourcing
Our Technology practice acts for various clients in the areas of software development, escrow arrangements, licensing, maintenance and support agreements and Intellectual Property rights in software and data.
The team advises on all forms of technology related agreements including licensing, development and maintenance arrangements, outsourcing projects, transitional services, managed technology and ASP services, consultancy, data centre construction and services provisions, disaster recovery and business continuity arrangements.
We have particular experience in the provision of technology related products and services within the financial services sector and are retained by several leading international financial services organisations to advise on all aspects of their technology systems, product and services procurement.
Clients operating in numerous sectors retain us to advise on a broad range of commercial agreements including manufacturing, licensing, distribution, franchising and agency agreements, and the implication of the Commercial Agents Regulations.
We are frequently engaged to review and update the standard terms pursuant to which a business operates and asked to prepare tailored agreements for specific projects. We assist in identifying the legal and commercial risks of a project and prepare clear and workable contracts.