Intellectual assets in media and entertainment
The values in the industry often lie in the content and in the right to exploit it: scripts, text, music, photography, film, sound recordings, broadcasts, scenic productions, formats, graphics and software. Copyright and related rights are generally created and distributed among a number of contributors, and a clear agreement is therefore necessary to document ownership, rights of use, rights areas, platforms and remuneration.
Trademarks, titles, artist names, channel names and visual characteristics can be at least as valuable as the specific content. Strategic registration and consistent management of trademarks make it possible to build recognition, license concepts and expand your business into new markets, products and services.
At the same time, confidential know-how, trade secrets, audience data, production methods and commercial plans should be protected through good procedures and agreements.
Key IP challenges in media and entertainment
A typical challenge is IP ownership and the framework for its use. If you are planning to launch your own concept, it is important to ensure that no one else holds rights to it. At the same time, it is equally valuable to secure your own rights to the material.
When licensing and commercialising own content or purchasing a licence, it is important that the agreements provide sufficient flexibility to exploit content, concepts and brands across platforms, while at the same time clearly defining the finances, crediting and framework for the licence and commercialisation.
Generative artificial intelligence (AI) also raises new questions in the industry. As demonstrated by several high-profile court cases abroad, there are significant challenges associated with the use of copyrighted works as training data for AI models.
AI is also positive, as it provides good support in development and production, but this also raises particular challenges related to rights to the end product and enforcement.
Influencer collaborations, sponsorships, product placement, competitions and the use of people or characteristics require a clear framework for labelling, consent, claims and the use of rights.
Unauthorized streaming, copying, account use, impersonations, and brand abuse can quickly reduce exclusivity and revenue. Effective documentation and a targeted enforcement strategy are therefore essential.
How we help businesses in media and entertainment
Acapo Onsagers combines cutting-edge legal expertise with an understanding of how content is produced, distributed and commercialised. The assistance is adapted to the company's goals, risks and position in the value chain.
- mapping of rights, rights chains and intellectual assets
- drafting and negotiating production, talent, licensing, distribution, sponsorship and collaboration agreements
- advice on copyright, attribution, remuneration and use in new channels
- trademark strategy, clearance, registration, portfolio management and protection of titles and concepts
- Legal assessments of marketing, influencer collaborations, product placement, and commercial communications
- strategy and advice related to generative artificial intelligence, training data and AI-produced content
- enforcement, negotiations and proceedings in cases of infringement, breach of contract and unfair exploitation
Why industry knowledge is important
Good advice requires an understanding of more than the individual right. The adviser must be familiar with the interaction between the various links in the value chain in order to be able to provide the necessary commercially oriented advice to the business.
Our media and entertainment team works broadly with issues related to copyright and related rights, licensing, trademarks and current technology in the media and entertainment industry.
Our understanding of the industry enables us to identify what is business-critical, priorities the right measures and provide advice that both protects the rights and facilitates commercial exploitation. When conflicts arise, we combine industry understanding with strategic enforcement and procedural expertise.
