Media and Entertainment
The media and entertainment sector is evolving rapidly under the effect of dematerialization, the multiplication of access to content on all media and the advent of multichannel. These transformations, which affect areas such as television, radio, cinema, music, publishing and the press, reinforce the need to consolidate regulation, particularly in terms of copyright protection and by extension increased protection of content. Faced with these complex legal issues, and thanks to a cross-disciplinary approach, we support our French and foreign clients on current and diversified issues. We provide tailor-made expertise to meet the specific needs faced by operators in this dynamic and demanding environment.
Areas of intervention
International and domestic arbitration
We assist our clients in international and domestic arbitration proceedings, offering effective solutions to resolve disputes in cross-border co-productions with cross-financing, production and distribution contracts of audiovisual and cinematographic works. Our expertise in ADR & Mediation allows us to promote amicable resolutions, preserving commercial and artistic relations in copyright matters, in particular before the IFTA (International Films and Television Association) Arbitration Tribunal or the WIPO (World Intellectual Property Organization) Arbitration and Mediation Center.
Contentious
We represent our clients, both as plaintiff and defendant, in litigation related to the media and entertainment sector, such as press law cases, cyberharassment, copyright and related rights disputes or commercial law disputes. We intervene before the competent courts to defend the interests of authors, screenwriters, directors, producers, service publishers and other players in the sector.
Project financing
We advise on the financing of audiovisual and cinematographic projects, helping to structure co-production operations, often international, to obtain aid and subsidies from the CNC (National Centre for Cinema and the Moving Image) and to secure investments.
Mergers and acquisitions
We assist companies in the sector in their M&A transactions, carrying out due diligence, negotiating SPAs and ensuring compliance with specific regulations. Our expertise also covers media and entertainment restructurings and private equity transactions.
Audiovisual regulation
We help our clients navigate the complex regulatory framework of the audiovisual sector, ensuring compliance with the applicable regulations and conventions that fall under the jurisdiction of ARCOM (Regulatory Authority for Audiovisual and Digital Communication). This includes issues relating to service broadcasting authorisations, programming, information and programs ethics and respect for pluralism, advertising, accessibility of programs for people with disabilities, relations between service publishers and distributors and the regulation of VOD and SVOD platforms.
Corporate law
We advise on corporate law aspects for companies in the sector, including the creation of production, publishing and distribution companies, as well as the management of partnersrelations and corporate governance.
Copyright and related rights
We offer expertise in copyright and related rights, protecting audiovisual and cinematographic works, screenplays, music, but also artists’ performances, audiovisual communication companies’ programs and press publishers’ publications. We assist in the drafting and negotiation of rights transfer and licensing agreements and ensure that the moral and economic rights of creators are respected. We also act as advisors in the clearance of content, to meet the requirements of Error & Omission Policy (E&O).
Competition law
We advise on competition law issues, ensuring the prevention of anticompetitive practices and assisting our clients in responding to the Competition Authority’s questionnaires or in proceedings before the competent authorities.
Personality law and press law
We intervene in disputes involving the various personality rights (privacy, image rights, presumption of innocence, etc.) and more generally those relating to press law. We assist clients in cases of defamation, insult, and protection of their reputation on social networks and traditional media.
Content clearance
We help with the clearance of content, by verifying the rights attached to works, trademarks, images, and by securing the exploitation of content on all media, including digital platforms, and for the international market.
Trademark law
We assist in the protection of trademarks, domain names, and other distinctive signs, by ensuring the filing and renewal procedures, and by defending rights in the event of counterfeiting or unfair competition.
Taxation and international taxation
We advise on national and international tax aspects related to the sector’s activities, including tax incentive mechanisms for the financing of audiovisual and film production.
Film law
We offer specific expertise in film law, covering the legal particularities of production, distribution, cinema operation, and relations with institutions such as the CNC.
Businesses in difficulty
We assist companies in the sector facing financial difficulties, by offering tailored solutions such as restructuring, receivership or business transfer.
Blockchain
We advise our clients on the use of blockchain in the media and entertainment sector, including copyright management, traceability of works and authentication of content.
Examples of support
Awards
De Gaulle Fleurance & Associés offers a wide range of expertise across the media and entertainment arena. Areas of focus include broadcasting rights and regulations, project financing, sector-specific tax incentives, studio restructurings and litigation. Catering to globally-recognised clients such as HBO and DreamWorks Animation, the firm has a balanced advisory and litigation practice, with notable cross-border capabilities.
De Gaulle Fleurance boasts a cross-practice approach covering IT and media law. The law firm possesses a broad range of litigation expertise including software licence agreement disputes and copyright infringement cases. Additional areas of expertise include advising financial services and healthcare sector clients on new technology regulations, IT agreements and data protection compliance. De Gaulle Fleurance represents clients across the entertainment sector, including television networks, film producers and content creators.
De Gaulle Fleurance & Associés‘ multi-disciplinary practice ranges from advice on broadcasting regulations and the financing of international productions to assistance with the negotiation of operating and distribution agreements and the protection of intellectual property rights.