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This article is written by Yavanika ShahTeam LawSikho.

“The Bombay High Court declined to grant any interim relief to Bollywood actors Ranveer Singh and Arjun Kapoor over an FIR filed against them and other film personalities for using “obscene” and “abusive” language during a comedy event ‘AIB Knockout’ in 2015.”

“India’s Supreme Court has cleared the release of controversial Bollywood film Padmavat and overturned the decision by four states to ban its screening. It has been approved by the Central Board of Film Certification (CBFC), but Gujarat, Rajasthan, Madhya Pradesh, and Haryana imposed a ban.”

“The Haryana police arrested actor-comedian Kiku Sharda from Mumbai and brought him to Kaithal for allegedly hurting religious sentiments by mimicking Dera Sacha Sauda chief Gurmeet Ram Rahim Singh.”

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These are some of the headlines we all must have read.

AIB Roast. The Padmavat ban. Kiku Sharda’s Mimicry that led him to jail. These are just a handful of examples that show a huge relationship between the media and entertainment industry and, well, the judiciary.

The Media and Entertainment industry is always subjected to the highest scrutiny owing to being in the public eye the most. Amidst the glitz and glamour that we as the audience get to see in the media and entertainment industry, there is always something or the other in terms of legality going around creating a huge buzz.

Have you noticed DSK Legal’s name in the beginning titles of Salman Khan films? They also led the team to make Delhi HC dismiss the plea to stay the release of ‘Bharat’.

The firm has also been responsible for structuring a finance-cum-distribution deal with PVR for Aamir Khan. They have also structured the co-production between Sanjay Leela Bhansali and Sony Pictures for the movie Saawariya. Back then, it was one of the very first times that a major foreign company was co-producing a movie in India and it was absolutely important that the rights to exploitation of the film were negotiated well.

This is the biggest reason why the IP, Media, and Entertainment industry has emerged as a very important recruiter of lawyers and IP professionals!

Have you noticed Intellectual property is frequently monetized through a variety of contracts in different industries?

Some of them have their own set of commercial jargon, based on the commercial intent behind the transaction. Knowing what the jargon means and then learning how to draft such contracts effectively crucial to building a career in this area. Plenty of sample contracts and drafting exercises are included.

If reading about the above-mentioned activities excites you, media and entertainment law is your calling. Go through our list of the best media law firms in India here.

We list down the kind of work media and entertainment lawyers do. Do let us know by commenting below if you think we missed any. So here goes:

#1 Motion Pictures and Television

Television disputes include Title Rights in TV Serials, disputes on obscene content, disputes on format rights and John Doe orders. Lawyers specializing in the field are required to act as commercial-legal production counsels for advising, structuring and negotiating deals across various production and distribution models, for syndication and licensing of content for domestic and international film distribution across platforms (traditional and new media) in established and emerging markets.

We are yet just scratching the surface. There is a lot to be done in the field. Also, this space has become highly litigious given tons of complaints, objections to movies and specific scenes, etc has become a routine. As a result, lawyers who can handle IP, media, and entertainment law are in very high demand.

#2 Music and music celebrity management

Advice and negotiation relating to music contracts which includes licensing and distribution of music content, including films, through various physical media and digital platforms has become an area that is making use of plethora of lawyers. Often, there are also advice required by the Indian producers on the engagement of international music artists for their live performances and other professional engagements in India.

#3 Mergers and acquisitions

Lawyers are required regularly for advising advertising companies on the sale of their businesses to a global multinational. Advising acquirers on acquisitions of advertising agencies and public relations companies is also an area of practice that a media and entertainment lawyers get to utilize their expertise in.

India’s sports-broadcasting sector saw in 2016 Zee Group’s Ten Sports bouquet of sports channels being bought by Sony Pictures Networks India for a reported sum of Rs 2,600 crore.

#4 Internet and Digital media

With the popularity of digital media and the internet by apps like YouTube, TikTok, Instagram, the privacy policies for using them have come under huge scrutiny. Lawyers are regularly hired to draft end user license agreements and terms of services for digital media businesses.  

#5 IP Rights Management and monetization

Licensing and sale of IP were strategies developed and initially used by large companies.

According to IP expert James E. Malachowski in From Assets to Profits: Competing for IP Value & Return, current efficient IP portfolio management strategies will:

  • Limit internal prosecution to innovation that can be most cost-effective and deployed rapidly internally
  • Acquire those assets that are most efficiently deployed by others
  • Sell or otherwise eliminate IP not relevant to current management strategies, reallocating these resources and rebalancing the portfolio.

To learn more about how you can perform real work for clients from the media and entertainment industry, you can explore the Diploma in Intellectual Property, Media and entertainment laws. You will have an opportunity to attend 1 online live class per week (after work hours – you can watch a recording if you cannot attend the live session and ask your doubts later), perform 2 simulation exercises and receive in-line feedback on your drafts, access online study materials (along with hard copies despatched to your address), doubt clearance within 24 hours and a lot of other benefits that you can find on the course page with details.

https://lawsikho.com/course/diploma-intellectual-property-media-entertainment-laws

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Here are a few of the weekly exercises you will get to undertake in the course. You can go through the entire list here.

  • Advice on the creation of a copyright portfolio and copyright strategy for business names, products, and services
  • How to register and claim copyright on every product
  • Exercise on dealing with copyright societies for events, concerts, and performances
  • Draft a software test and evaluation agreement
  • Draft a Software Development Agreement
  • Draft a Music License agreement
  • Draft a Work Made For Hire Agreement
  • Draft a Research and Development Agreement
  • Issue a Takedown Notice for Copyright Infringement online
  • Draft a Terms of Use / Terms of Service
  • Draft a Franchisee Agreement
  • Exercise on defenses against trademark litigation
  • Exercise on issuing a legal notice for trademark infringement
  • Exercise on response to legal notice for trademark infringement

If you are still confused about how to go ahead with a career in the media and entertainment laws, download our free course material on Diploma in Intellectual Property, Media and Entertainment Laws here. You can also check out the list of things that you can do as a media and entertainment lawyer on the course page.

Give us a call at 011-4084-5203 or comment below for a free career counseling session.

You can also check out the below-mentioned course for which the enrolment is open now:

DIPLOMA

Diploma in M&A, Institutional Finance and Investment Laws (PE and VC transactions)

Diploma in Intellectual Property, Media and Entertainment Laws

Diploma in Companies Act, Corporate Governance and SEBI Regulations

Diploma in Business Laws for In-House Counsels

EXECUTIVE CERTIFICATE COURSES

Certificate Course in Legal Practice Development and Management

Certificate Course in Real Estate Laws

Certificate Course in Advanced Criminal Litigation & Trial Advocacy

Certificate Course in Media and Entertainment Law: Contracts, Licensing and Regulations


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