Creative & Media
Our specialist multi-disciplined Creative and Media team of solicitors advise a wide range of clients in the creative and media sector.
The UK’s creative industries have never been stronger. In recent years, the creative and media sector has outperformed the rest of the UK economy in growth, exports and job creation. The sector is hugely diverse, encompassing advertising, architecture, craft, design, fashion, film, television and radio, IT, software, music, the performing and visual arts, publishing, museums, galleries and libraries. A defining characteristic of industries operating within this sector is their ability to generate wealth and job creation through the development and exploitation of intellectual property.
We act for a wide range of clients in the creative and media sector including artists, musicians, publishers, producers, theatres, museums, architects and planners, fashion designers and distributors, marketing agencies, graphic designers, investors and television executives. We also advise commercial businesses who are increasingly finding that business opportunities can arise within this sector.
In today’s digital age, the continuing convergence of technology and businesses operating within this sector is creating a fast-changing landscape where businesses are required to relentlessly adapt, innovate and develop to stay relevant. At Myerson, we offer a specialist multi-disciplined Creative and Media team of solicitors which draws on experience and technical expertise in intellectual property, IT and technology, commercial trading arrangements, corporate transactions, data protection, employment, real estate and dispute resolution in order to provide cohesive, practical and bespoke solutions to our clients.
We have experience in advising and assisting both publishers and authors in the publishing industry. It goes without saying that technology has changed the publishing industry significantly. We assist our clients in navigating these shifts and exploiting opportunities in the new era of electronic and online publishing. Our Creative and Media team will prepare, advise and guide you through the contractual documentation required to take an idea or concept through to a final product that is ready for publication. Such documentation can include publishing agreements, confidentiality agreements, assignments of intellectual property rights, distribution agreements, copyright notices, moral rights, waivers and accreditations.
We also have experience in reviewing and clearing the rights in publications prior to publication, including ensuring correct copyright notices, assertion of moral rights and accreditations are provided in the publications.
Examples of our work in this area include:
- Reviewing and clearing the rights in a high profile ex-professional footballer’s autobiography, drafting the necessary copyright notices and accompanying publishing agreement;
- Reviewing and clearing the rights in a radio football commentator’s autobiographical account of his life as football commentator;
- Drafting a contributor’s agreement to vest all intellectual property rights with the author and dealing with subsequent works and payment of commissions. Advising on copyright ownership and distribution arrangements for the final printed publication;
- Advising on defamation actions and injunctive relief proceedings.
Film, Theatre, TV & Music
We assist clients with production, performers’ rights and co-production agreements, collaboration agreements, merchandising arrangements, contribution agreements, funding agreements, recording agreements, music publishing/synchronisation, investing in and securing funding for productions. A crucial factor within these types of arrangements is the assignment of copyright in the artist’s works.
Today’s entertainment industry enables artists to generate revenue from a variety of sources. We are also able to advise clients as to the appropriate corporate structure for such “spin-off” revenue streams. For example, we have recently acted for an agent on behalf its internationally renowned music clients in the formation of corporate structures for their last two sell out European tours and the group’s associated autobiography.
Marketing, Advertising and Design
Marketing is an essential element to the promotion of any business and whether you are a design/marketing agency, or you are simply looking to promote your business, products or services, we can assist with your business requirements.
We regularly advise clients, including design/marketing agencies on:
- The legal considerations for marketing strategies and direct marketing campaigns. With any marketing campaign, the purpose of the campaign and the target audience for the campaign should be considered at the outset. Once we have all this information, we can advise on any relevant legislative requirements including, the Data Protection Act, any opt in and opt out procedures and can consider any relevant preference service registers. We are also experienced in advising on consumer protection issues, comparative advertising and passing-off;
- Drafting and negotiating the standard terms and conditions of business, contracts for the provision of services, digital marketing agreements (pay per click), consultancy agreements, IP assignments and licenses, trade mark applications, Data Protection Act consents and copyright assignments and notices;
- Promotional marketing campaigns, competitions and prize draws. In this respect we are experienced in reviewing and drafting rules of entry and prize draw/competition terms and conditions.
Recent examples of our work in this area include:
- Drafting standard terms and conditions for the supply of services for a direct marketing company;
- Advising a direct marketing company on consent requirements, opt-in opt-out procedures and registers for preference services in relation to direct marketing campaigns;
- Advising a procurement service provider on direct marketing;
- Drafting competition rules for a marketing company;
- Drafting website privacy policies and website opt-in/opt-out consents for the collection and use of personal data;
- Negotiating a distribution agreement on behalf of a fashion distributor with exclusivity in relation to a number of European countries;
- Preparing an agreement for the supply of design services for a graphic design business;
- Negotiating a digital marketing agreement for a popular vehicle check website and advising on trade marks.
Other legal services and support
The expertise of our Creative and Media team in connection with our legal service lines is invaluable when weighing up the commercial factors at play when providing a broad range of advice to new and existing businesses within the sector. Such matters include, for example:
- Mergers and acquisitions. For further information about Acquisitions and Disposals of Shares please click here, Purchase and Sale of Businesses click here and Mergers click here;
- The ability to access both equity and debt finance is one of the critical roads the growth for a creative businesses. In this respect we routinely advise in connection with investments by business angels, private equity and existing shareholders. This typically involves the preparation and negotiation of an investment/shareholders agreement together with supporting documents. For further information about Shareholders’ Agreements please click here and Equity Investment please click here. We also routinely advise clients in connection with commercial lending and security arrangements.
- Joint ventures. For further information about Joint Ventures please click here;
- Employee share options. For further information about Employee Share Schemes/Options please click here;
- Identifying and maintaining the value of IP rights, including exploitation and infringements. For further information about Intellectual Property please click here;
- Software licensing and sub-licensing (for further details of these services, please view our IT Services);
- Commercial agency and distribution arrangements. For further information about Supply and Distribution Agreements please click here and Commercial Agency please click here;
- Website terms and conditions. For further information about E-Commerce please click here;
- Viewing the content of websites and drafting all necessary policies (for further details of these services, please view our IT Services);
- Data protection and privacy. For further information about Data Protection and Management please click here.
If you are operating in the Creative and Media sector and require legal assistance, please contact our Creative and Media team on 0161 941 4000 or alternatively you can contact us via the enquiry form found on the right of this page.