Media & Entertainment

Media and entertainment law is a complex and dynamic field that encompasses a wide range of legal disciplines, reflecting the diverse and rapidly evolving nature of the industry. The legal framework governing media and entertainment in India encompasses various fields of Law, including but not limited to, Intellectual Property Law, Contract Law, Information Technology, Entertainment Labour Law, Regulatory compliance, Broadcasting and Telecommunications. With the advent of technology, the entertainment industry has grown by leaps and bounds, engaging diverse aspects and attracting myriad issues. Today, the entertainment industry disseminates content on a wide variety of platforms, including television, radio, social media, and online streaming, among others. Due to this, the structure and components of the Media & Entertainment industry have undergone a tremendous transformation.

In the evolving landscape of advertising, media, and entertainment, where new structures and technology play a significant role, our practice group collaborates closely with clients to deliver inventive and advanced solutions while ensuring compliance with legal and regulatory requirements. We provide comprehensive support throughout the entire lifecycle of a creative product, including incubation, development, production, and distribution. Additionally, we assist clients with due diligence, negotiations, and the final stages of an acquisition, offering innovative approaches within the legal framework to meet their specific needs. With our interdisciplinary expertise in Media and Entertainment Law, we, at Khurana & Khurana offer end-to-end legal services ranging from addressing governmental inquiries, handling litigation, dispute resolution, and arbitration matters, as well as assisting with acquisition, syndication, and licensing agreements.

We specialize in drafting cast, crew, talent, and other contributor agreements; providing advisory services and legal opinions; ensuring regulatory compliance; and offering assistance in intellectual property enforcement and commercialization through trademark and copyright license agreements. Our expertise extends to Non-Disclosure Agreements, technology transfer agreements, franchise agreements, and conducting due diligence and clearance for content. We offer script reviews, legal audits of content, and assistance in framing S&P policies. Moreover, we provide comprehensive transactional support for audio and audio-visual projects, covering production, co-production, and related acquisition agreements, format acquisition agreements, and deals related to remake rights and book adaptations, as elaborated in the list below:

1. Agreement Drafting and Vetting:

The foundation of all successful business activities in the Entertainment industry is strong agreements. Our team at K&K has keen understanding of the commercial relationships in the industry and ensures that all our clients’ rights are protected from all angles. We draft comprehensive and conclusive agreements inter alia on:

(A) Co-production agreements
(B) Broadcasting contract;
(C) Film rights agreement;
(D) Songwriter agreement;
(E) Artist agreement;
(F) Digital Marketing Agreement
(G) Distribution agreement;
(H) Synchronization agreement;
(I) Talent release agreement;
(J) Vendor agreements;
(K) Recording agreement;
(L) Trademark and copyright licence agreement amongst others.

2. 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 a substantial amount of online and on-ground piracy. We at K&K understand these concerns and provide both online and on ground anti-piracy enforcement services by:

(A) Anti-piracy due diligence;
(B) Online anti-piracy services :

• Advisory on Digital Rights Management;
• Website checks to detect online piracy;
• Detecting infringing torrent websites;
• Legal notice to Internet Service Providers to block infringing content;
• Court proceedings including securing John Doe/Ashok Kumar orders.

(C) On-ground anti-piracy services:

• Checks and raids of illegal distributors;
• Collect illegal copies of copyrighted work and dispose of/return to owner;
• Coordination with local police/law enforcement/customs for enforcement;
• Court proceedings for John Doe orders.

 3. Copyright: The cornerstone of the media and entertainment industry is copyrights. We at K&K assist our clients in all aspects related to copyright by:

(A) Filing of copyrights;
(B) Overall advisory on all kinds of marketable copyrights;
(C) IP due diligence;
(D) Sending cease & desist/legal notices;
(E) Court proceedings for infringement.

4. Other allied services:
(A) Structuring film financing;
(B) Negotiating deals for production houses;
(C) Format licensing;
(D) Monitoring online streaming to ensure compliance with agreements;
(E) Negotiating deals with film distributors and multiplexes/cinema houses;
(F) Negotiating deals with DTH providers.

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