Media and Entertainment

Kromann Reumert advises clients in the media and entertainment industries on an array of legal issues.

We have extensive experience in the potential legal problems resulting from technological advances in the digital field and New Media, including the use of material on the Internet, on mobile devices, etc.

Working closely together with Kromann Reumert's commercial law groups, we have also advised a number of media and entertainment businesses on starting up in Denmark or buying and selling companies.

With our insight into the legal and commercial issues that are particular to the media and entertainment industries, we are able to offer precise and value-adding advice on transactions in this area.

Clients seeking our advice include all types of stakeholders in the media and entertainment industries, whom we assist with the negotiation and conclusion of agreements and with disputes and legal proceedings in these areas.

Copyright

We help our clients with the protection and use of rights on all available media, including:

the Internet and social media
newspapers
periodicals
magazines
books
films
television and radio programmes
mobile devices.

We also advise on cases of imitations and counterfeit products and infringement of copyright.

We have considerable experience in the drafting and negotiation of:

agreements for the use of material for computer games
record contracts
database agreements
agreements on rights in computer programmes and homepages
agreements on the assignment and/or exploitation of copyright
agreements on employees’ copyright in works created in the course of employment
freelance agreements
advertising agency agreements
production and distribution agreements
development and licence agreements.

Litigation and disputes

We have a breadth of experience conducting cases in the media and entertainment fields, including:

civil cases before Danish courts
arbitration proceedings before Danish and foreign arbitration tribunals
cases before the European Court of Justice
injunction proceedings.

See our Dispute Resolution practice for details.

The press

We advise i.a. radio stations, newspapers, weekly papers, magazines, and journalists about media liability and the rules on freedom of the press and freedom of speech - including the rules of the European Human Rights Convention, generally accepted press standards and the limitations they set on the freedom of speech.

We have conducted numerous press law cases before the Press Council and the courts of law, including on:

generally accepted press standards
the right to privacy
images of celebrities and non-celebrities
distribution of illegal material
the right to one's own name and image
source protection
damages and compensation
prohibition of the reporting of names
editor's liability
actions for libel.

The right to one's own name and image

Recent years have seen an increase in the number of cases we have handled in relation to the so-called right of publicity, i.e. the protection of celebrities and non-celebrities against commercial or infringing use by others of their names, images and other characteristics/personal distinctive features.

We have considerable experience advising on:

commercial exploitation of another person's name and image, including for advertising purposes
the right to one's own story
reporting on private affairs
offensive images
editorial use
use of name or image in a satirical, artistic or otherwise professional context.

Advertising agencies

We advise advertising agencies and businesses involved in marketing. We have in-depth knowledge of the advertising industry and marketing law.

We advise clients on marketing law and the handling of rights, including i.a.:

assessment of the lawfulness of specific campaigns or marketing statements
cases where the consumer ombudsman, competitors or others have expressed criticism
assessment of whether any given thing is copyright-protected or not
advice on, and obtaining of, the rights of rights holders
drafting of contract clauses on rights
advice on trademark or copyright infringements
assistance in the registration of trademarks and domain names
drafting of advertising agency agreements.

Music

In the music field, we have applied our extensive experience to advise i.a. artists and record companies on the law in this area.

We help our clients draft and negotiate:

record contracts
producer agreements
licence agreements
music publishing agreements
management agreements
live agreements
agreements on digital exploitation
agreements in relation to collective administration entities, e.g. KODA and Gramex.

Radio

In the radio field, we have applied our extensive experience to advise i.a. radio stations and producers on the law in this area.

We advise clients on:

establishing new radio stations and channels
radio law
agreements on digital exploitation
agreements with collective administration entities
competition issues
agreements on the sale of advertising time
agreements with production companies
disputes before the Copyright License Tribunal and the Radio and TV Council.

Television

Greatly experienced in the field of television as well, we advise networks, producers, actors, and directors on the law in this area.

We advise clients on:

establishing new TV networks and channels
television law
agreements on digital exploitation
competition issues
agreements on the sale of advertising time
agreements with production companies
agreements on broadcasting rights for films, sports events, and documentaries
retransmission agreements
disputes before the Copyright License Tribunal and the Radio and TV Council.

Films

We have substantial experience also in films, advising producers, actors, directors and composers on the legal environment in the film industry.

We help our clients draft and negotiate:

agreements with producers, screen writers, directors, actors, and composers
production agreements
distribution agreements
merchandising and licensing agreements
agreements on digital exploitation.

Publishers, newspapers and magazines

Accomplished also in the legal environment particular to the news and publishing industry, we advise publishers, newspapers and magazines on legal matters.

We assist clients in:

legal disputes, including in relation to press law
drafting and negotiating distribution agreements
drafting and negotiating writers' and publishing agreements
transfer of rights
digital exploitation
handling of issues pertaining to marketing law
sponsoring and merchandising.

Computer games

We have substantial experience also in the computer games industry, advising game developers, game distributors, and rights holders on legal matters.

We help our clients draft and negotiate:

development agreements
publishing agreements
production agreements
distribution agreements
licence agreements.

Social media and viral marketing

We are highly experienced in companies' use of social media and frequently advise businesses on how to steer clear of the biggest dangers.

Among other things, we help our clients appreciate and comply with:

Facebook's own rules, including rules on the creation of groups, sites, and events
the rules of the Danish Marketing Practices Act on identifying advertisements and spam.