Media & Entertainment Law Practice - Agnihotri & Jha Associates

Media & Entertainment

We assist clients in the Media & Entertainment industry on various legal aspects including intellectual property rights especially relating to copyright, media & entertainment contracts, licensing, production, post-production, distribution, regulatory issues, transactions and due diligence. We also provide our services to clients in the multimedia industry and advice on various aspects of Information Technology law, software licensing and contracts, publishing, print media. Media & Entertainment law encompasses various fields including Intellectual Property Law, Corporate Law, Information Technology, Broadcasting and Telecommunications.

Trends:

Need for documentation & awareness of Intellectual Property.
Losing inhibitions to approach the court to protect IPR and contractual rights.
New monetization streams owing to technology & advent of New Media.
Role of the industry associations in standardizing the industry norms.

Major Players in India:

Leading production houses: Yash Raj Films, Viacom18, UTV Motion Pictures, Dharma Productions, Reliance Entertainment.
Leading television channels houses: Viacom18, Star TV, Sony, Reliance Broadcasting, Bennett Coleman & Co. Ltd., Sahara.

IMPORTANT LAWS AFFECTING MEDIA & ENTERTAINMENT SECTOR

The Copyright Act, 1957

Recognizes the copyright in relation to original literary, dramatic, musical and artistic work for a specified duration, and cinematograph films and sound recording.
Provides exceptions to protection such as ‘fair use’ and ‘compulsory license’.
Provides protection from unauthorized copying / use of copyrighted works and for remedies in case of infringement of copyright.

The Trade Marks Act, 1999

Provides protection to names, titles, word, letter, graphic artwork, shape of products, words and combination of colors.
Provides for remedies in case of infringement of trade mark.

Cable Television Network (Regulation) Act, 1994

Regulates functioning of cable operators by requiring mandatory registration subject to fulfillment of certain
conditions.
Program and Advertising Code under the Cable Television Network Rules, 1994 regulates content of any program or
advertisement transmitted through cable television

Policy Guidelines for Uplinking of Television Channels from India

Regulates the business of uplinking of television channels from India by requiring the applicant to avail an uplinking
license.
Prescribes minimum requirements for availing the license.
Violation of the Guidelines may lead to penalties including revocation of the license.

Ministry of Information and Broadcasting

It is a nodal agency responsible for formulation and implementation of polices, framework, laws and regulations
concerning broadcasting, information, films and press industry in India. Some of the functions are – development of broadcasting and television, development and promotion of the film industry, sanctioning of film for public exhibition and administration of the Cinematograph Act, 1952.

Telecom Regulatory Authority of India (TRAI)

Regulates, among other things, tariffs payable by subscribers of television channels and service providers in
broadcasting sector.
Functions are diverse – recommendatory (in respect of licensing), mandatory (fixation of tariffs) and judicial (disputes arising under Regulations between parties or against TRAI, heard by the Telecom Disputes Settlement and AppellateTribunal).

Central Board of Film Certification (CBFC or Censor Board)

Examines films (Indian and foreign) to determine whether a film is fit for public display. If found fit, then a certificate of exhibition is provided. All films, film songs, film promos, film trailers, music videos, music albums and their promos, whether produced in India or abroad, need to be certified by the CBFC as suitable for unrestricted public exhibition in India prior to its telecast on television.

With our interdisciplinary expertise in Media and Entertainment Law, we, at Agnihotri & Jha Associates | Solicitors & IP Attorneys offer end to end legal services ranging from Copyright protection, legal advisory, agreement drafting and ratification, negotiation & deal closing, anti-piracy enforcements among other in media related matters, which can be indicatively elaborated vide the below list:

Agreement Drafting and Vetting:

Our team has keen understanding of the commercial relationships in the industry and ensure that all our clients rights
are protected from all angles. We draft comprehensive and conclusive agreements inter alia on:

Co-production agreements
Broadcasting contract
Film rights agreement
Songwriter agreement
Artist agreement
Digital Marketing agreement
Distribution agreement
Synchronization agreement
Talent release agreement
Vendor agreements
Recording agreement
Trademark and copyright license agreement amongst others

Anti Piracy enforcement services:

Piracy is one of the rampant issues faced by the entertainment industry today. The media and entertainment industry
suffers huge losses from substantial amount of online and on ground piracy. We understand these concerns and provide
both online and on ground anti piracy enforcement services by –

Online anti piracy services –

We advise and assist clients in the Media & Entertainment industry on various legal aspects including intellectual
property rights especially relating to copyright, media & entertainment contracts, licensing, production,
post-production, distribution, regulatory issues, transactions and due diligence.

We advise and assist clients in the Media & Entertainment industry on various legal aspects including intellectual property rights especially relating to copyright, media & entertainment contracts, licensing, production, post-production, distribution, regulatory issues, transactions and due diligence.

Along with that, we also provide our services to clients in the multimedia industry and advice on various aspects of Information Technology law, software licensing and contracts, publishing, print media.