new media law specialises in all areas of the entertainment and media industries, with a niche focus on new media. Please see below an example of our practice areas to see how new media law advises its clients and contact us to see how we may assist you.
- Music
At new media law we provide expert legal and commercial advice to both new and established artists, managers, producers, record labels and production companies, publishing companies and distribution companies.
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We regularly advise clients on:
- Management Agreements: A management agreement is often the first contract that an artist may be offered. A good Manager can help unsigned acts further their careers in the music industry, and so allow the artist to focus on their talents of songwriting and performing. We have great experience in both drafting and advising upon management agreements for both new and experienced Artists and Managers.See Management Agreement Fact Sheet.
- Recording/Master Licence Agreements: We have extensive experience of advising upon and negotiating major label recording and licence agreements for both independent labels and artists, as well as drafting and advising upon recording agreements for our clients. We regularly negotiate and offer expert advice to clients on the commercial and financial aspects of these recording and licence agreements, as well as negotiating the terms and conditions. We also offer "retained" Business Affairs services to independent labels that do not have their own in-house lawyer.See Recording Agreement Fact Sheet.
- Publishing Agreements: The publishing rights of a songwriter or composer can be their most valuable asset both during and after their career. Whilst we advise one of the biggest independent music publishers in the UK music industry, we also advise individual writers/artists on how best to protect their copyright assets, whether they are entering into single song publishing agreements or providing their exclusive song writing services to a major publisher. We also offer "retained" Business Affairs services to independent publishers that do not have their own in-house lawyer.See Publishing Agreement Fact Sheet.
- Band Member Agreements: We offer expert advice on the commercial and practical realities of Band Member Agreements, and regularly draft suitable agreements for bands to use on an individual case-by-case basis. We also offer realistic advice on the commercial and business relationship between the members of the group.See Band Member Agreement Fact Sheet.
- Distribution Agreements: We advise one of the UK's leading independent music distributors, as well as giving expert advice to clients ranging from record labels, production companies and artists who are seeking to release their music to the public, whether in physical form or via download only, on the commercial and financial aspects of distribution agreements.
With our niche focus on new media, we have great expertise on advising clients on their digital distribution agreements and (in some cases) their own digital download online stores.See Distribution Agreement Fact Sheet.
- Producers: We advise some of the most well known producers in the music industry, and also offer expert commercial and legal advice to both these, and, new producers on their production agreements.See Producer Agreement Fact Sheet.
- Production Agreements: We regularly give both commercial and legal advice to independent production companies. We advise and offer Business Affairs advice to both new 'start-up' production companies in respect of their incorporation, structure, shareholders agreements and articles of association, to established production companies with a catalogue of chart hitsSee Production Agreement Fact Sheet.
- Licensing Agreements: We offer expert advice to copyright owners on the best way of exploiting their intellectual property, via licenses, whilst still retaining overall ownership of their intellectual property.See Copyright Agreement Fact Sheet.
- Merchandising Agreements: Merchandising can represent a lucrative source of income for an Artist. We regularly offer expert advice to both Artists and Record/Production companies on merchandising agreements. We also offer expert advice on online sales agreements to clients who sell their products from their own online stores.
- Royalty Audits: We consider it advisable for both artists and companies to regularly audit the books of third parties who are making royalty payments to them in accordance with any agreement, to ensure that all monies owed are being paid to them. We offer advice on royalty statements and help appoint suitable auditors to undertake audits on behalf of the client. We also offer litigation and arbitration services, when necessary, to settle any under-payment claims.
- Film & Television
new media law offers expert commercial and legal advice to new and established clients in both the UK and the international film and television industry. We advise clients ranging from small film production companies to global television and film distribution companies, on issues ranging from straight forward copyright clearance issues to funding and film development deals. Our experience ranges from advising clients at the very start of the film production process through to representing clients in IFTA arbitrations when, as can occasionally happen, relationships break down.
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We regularly advise clients on:
- Rights Clearances
- Music
- Performance
- Cast and Crew
- Copyright
- Director Agreements
- Producer Agreements
- Finance Agreements
- Broadcast Licensing
- Film Licensing
- Merchandising
- Corporate & Commercial
new media law offers advice to media and non-media clients in all aspects of corporate and commercial law, specialising in both online and 'off' line environments.
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We advise clients on the structure and incorporation of their companies, including on the drafting of their articles and memorandum of association, through to joint venture shareholding agreements and AIM floatation.
For potential investors we offer advice on issues ranging from how to secure their investment through to the specific terms of "exit" events.
We regularly offer expert legal and commercial advice upon:
- Incorporation
- Directors Service Agreements
- Employment Issues
- Joint Shareholder Agreements
- Asset purchasing
- Intellectual Property Rights audits
- Online terms and conditions of business
- Intellectual Property
Intellectual Property is of central importance to the creative industries. new media law offers advice to both media and non-media clients in relation to all aspects of intellectual property, including copyright, trade marks, patents and design rights, with a special focus on the use of that IP online.
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Understanding Intellectual Property is essential to the commercial success of a media or entertainment company. new media law regularly performs intellectual property audits to ensure that our clients are not infringing third party intellectual property.
new media law regularly offers expert advice to clients on how best to protect and exploit their Intellectual Property
We regularly offer expert legal and commercial advice upon:
- Copyright: Copyright is a fundamental intellectual property right, and new media law offers expert advice on how to ensure that clients own, retain, and successfully exploit their copyright works.
new media law regularly advises upon copyright assignments and licensing agreements in the entertainment and media industry to ensure that clients get the best exploitation opportunities and ensure that their rights are not infringing any third party rights.
- Trade Mark: A company's Trade Mark(s) can be essential to the exploitation of a company's brand, and therefore essential to the potential success of a company. We advise clients on both the registering of Trade Marks, and the protecting of registered (and unregistered) Trade Marks.
- Registered Trade Mark: We advise clients on the registration process of a Trade Mark and facilitate registration process for both UK and EU marks. We also regularly act to protect some of the UK's most well known registered Trade Marks against third party infringements.
- Unregistered Trade Marks: We advise clients who do not have a registered Trade Mark, on how best to protect their unregistered Brand / Trade Mark. We also take action on behalf of clients to protect their unregistered marks against "Passing Off" by third parties.
- Design Rights: We regularly advise clients in the creative industries on both registered and unregistered design rights, from both protecting and exploiting their design rights, to taking action against third part infringement.
- Litigation And Arbitration
new media law regularly acts on behalf of clients in respect of both litigation and arbitration. Our experience relates to general commercial disputes as well as those involving Intellectual Property in particular. Our litigation team is able toadvise on all types of litigation in various forums from small disputes to multi million pound commercial matters. We offer clear and concise advice which stays focussed on the most cost effective solution to whatever type of dispute our clients may encounter.
- Internet / IPTV
new media law offers expert advice on all aspects of the Internet, ranging from domain name registration and acquisition, to website service agreements. We advise clients ranging from individuals to Internet Protocol Television (IPTV) companies.
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We also offer expert advice on all sectors of a company's online business to both media and non-media clients.
As a niche new media firm, we offer expert advice upon:
- Domain name acquisitions / disputes
- Online terms of business
- 'Click Wrap' agreements
- Hosting Service Agreements
- Website development agreements
- IPTV
- Defamation
new media law offers expert advice on all aspects of Defamation. We advise on both 'pre-event' and 'post-event' defamation issues. We have expert experience in both internet, publishing, film and television defamation issues. We regularly advise international book and magazine publishers as to the potential issues pre-publication.
We offer simple and effective solutions clients in both pre and post publishing defamation issues, and in both the online and traditional publishing formats.
- Digital Media
new media law offers expert advice on all aspects of digital media in the entertainment, media and technology industries. We advise clients involved in the delivery of digital content, from online music download sites and mobile phone content providers, to global computer game developers.
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We regularly offer expert advice upon:
- Digital Distribution Agreements (Music, TV, Film, Podcasting)
- E-Commerce websites
- Mobile Phone Content agreements
- Internet Service Provider agreements
- Satellite Broadcast Agreements
- Digital Rights Management Systems
- Publishing
New media law offers expert legal advice on all aspects of the Publishing Law, including 'traditional publishing (e.g. books, magazines) and 'new' publishing (e.g. digital books, web based publications).
- Employment and Human Resources
New media law is able to provide comprehensive advice and support on the full range of employment related matters. We regularly advise clients on both contentious and non-contentious matters, ranging from drafting contractual and policy documentation, advising on redundancy, restructuring and business change exercises to senior appointments and terminations and dealing with disputes in the Employment Tribunal and civil courts. We also provide advice on day to day human resources issues, such as handling sickness absence and disciplinary and grievance procedures.
- International Rights Licensing
New Media Law is delighted to announce the arrival of its first US Consultant, Rick Riccobono, who will lead New Media Law's International Rights Licensing team. Rick starts with New Media Law on Monday 1st December 2008, and will be focused on providing advice in respect of international online licensing, notably in respect of music publishing (as well as in the use of master recordings and films).
Together with Ian Penman, Rick has recently been heavily involved (as the Executive Vice President of Qtrax Inc,) in initiating and designing - then negotiating and finalising - digital rights licenses in the US and the EU for online master use - as well as finalizing online license agreements with the various national (and multinational) rights collection societies.