Media & Entertainment – DSK Legal : True Value, True Values

The Media & Entertainment (M&E) industry in India has seen steady growth during the last decade with Indian M&E related legislation undergoing significant amendments to comply with international treaties and conventions, accommodating the unprecedented advancement in technology, convergence of global content, advent of foreign players into the Indian market, corporatization of local M&E players to achieve global benchmarks, and easy access to global content monetization and distribution platforms.

Sports has also been seeing an upsurge of interest in India, in addition to cricket. We have seen better performance in international events, and the growth of Indian leagues in various sports. This trend is expected to continue.

Our dedicated Team is recognised as a leading practice in these areas, being well-known for its responsiveness and incisive analysis, combined with its legal and commercial knowhow and ability to apply specialised knowledge in transactions, as also in dispute resolution. The Team, with its business focused approach, provides innovative solutions in keeping with the changing legal and regulatory framework.

Here’s how we can assist you:

Structuring, Regulatory and Advisory for Domestic and International Players

Implementing the creative and commercial vision of the client in the most appropriate legal structure.
Advisory services for strategic structuring of joint ventures, mergers and acquisitions, investments by and into media companies.
Acting as production counsel for film financing and funding, including equity offerings.
Advising on import of foreign films into India and on co-production treaties that India has with various countries.
Advising on various business models for production and acquisition of content (films, television, online, sports, etc.)
Advising on celebrity talent management and endorsement, setting up social media networks on digital platforms, e-commerce platforms and mobile applications for celebrity clients.
Advising on censorship issues.
Advising on issues relating to broadcasting rights, satellite rights, audio visual rights including on OTT, and distribution in India.

Documentation and Transaction Support

Our Team has xtensive experience in documentation and negotiation of media contracts for both traditional and OTT models for:

A-list talent and crew – talent and crew agreements (fixed fee and revenue share models or combination models)
Celebrity management companies and consultants – celebrity endorsement arrangements.
Film studios, content production houses, television channels and broadcasters – content financing and production arrangements (co-productions, commissioned productions, etc.), content purchase and distribution arrangements, licensing and assignment of content exploitation rights.
Marketing arrangements (tie-in deals, barters, sponsorships, etc.)
Format licensing, option purchase for foreign films and books, remake and adaptation for films and books, distribution and exploitation arrangements of content on various platforms.
Merchandising, licensing and marketing arrangements of content and digital avatars of celebrities on physical and digital platforms.
Talent performance agreements for live and recorded events.
Arrangements in relation to gaming on digital platforms.
Music and podcast distribution arrangements.
Adaptation of content into various formats.

IP and Due Diligence

Advising clients on managing their intellectual property libraries and brands for enhancing valuations and monetization of properties, and for mitigating infringement issues.
Conducting due diligence for ascertaining IP ownerships and issues.
Assisting in registration of copyright works and trademarks.

Litigation and Dispute Resolution

Formulating litigation strategy, including assisting clients in analysing risks and liabilities.
Representing clients in civil litigation, criminal litigation, economic offences and arbitrations involving infringement of intellectual property, violation of privacy and personality rights, impersonation issues, cyber-crimes and passing off issues for brands, disputes involving endorsement arrangements, censorship issues, and competition law issues.
Representing clients in the Supreme Court of India, various High Courts, District Courts, Magistrates and Sessions Courts, before the Competition Commission of India, Censorship Appellate Tribunal, Tax Tribunals and various other fora.
Assisting in drawing up settlements and mediation proceedings.

Content – Legal Review

Assessment of final bound scripts of films/web content/advertisements and reviewing rough cuts/edited pre-censor versions of films/web content/advertisements for identification and minimizing potential legal risks and preparing legal clearance reports on the same.

Digital Forensic

Working closely with the Police in the cyber-crime space.
Assisting clients in conducting digital forensics.

News

Advising leading news channels on issues related to permissible content and ratings.
Advisory on monetization of archival content by way of documentaries and other content formats.
We support clients in negotiating contracts with journalists, editors, and publishers, ensuring that terms are clear and enforceable.

Defamation

Our Team provides guidance on defamation laws, helping clients navigate legal risks associated with reporting and publishing content.

Digital Media

We assist clients in negotiating licensing agreements for digital content, including music, videos, and online publications in compliance with the regulatory landscape governing digital media, including advertising standards and consumer protection laws.

Advisory and transaction support in Marketing and Advertising

Advising advertising agencies on their corporate and advisory related work.
Representing celebrities in their engagements as brand ambassadors and brand endorsers, and advising on the do’s and don’ts applicable to celebrities under the ASCI guidelines, Consumer Protection laws and other category and sector specific laws.
Advising content production houses on the legal aspects of marketing, advertising, PR related activities, including applicable censorships.
Documentation and Transactional Support for marketing arrangements (tie-in deals, barters, sponsorships, etc.)

Sports Leagues

In addition to advising and representing sports personalities, our Team also advises on establishing sports leagues, including financing and sponsorship deals, domestic and international player acquisitions and management, and all related compliances and contracts.