Copyright, acquisition of rights agreements etc.

Our Creative, Digital and Media team keep pace with rapidly evolving technologies and will help you access new platforms for your content, exploit your creative investments while protecting your rights, yourbrand and your reputation.

We advise at every stage of the business life cycle. For more mature businesses we can advise on partnership and collaboration agreements and help you commercialise your intellectual property into revenue streams through licensing, sponsorship, distribution agreements and royalties.

Our experts act for a broad mix of content providers and well-known personalities from the worlds of television and radio, music, digital media, publishing and advertising.

We understand the new digital models and the fast-evolving intellectual property and licensing challenges and can help you turn your ideas and innovations into start-up enterprises. Our team are experts in helping you secure funding, advising on copyright and format protection agreements and the acquisition of rights.

Our media solicitors understand you want affordable, practical, innovative and commercial legal solutions. We have in-depth experience of dealing with:

  • copyright and format protection and exploitation
  • option and acquisition of rights agreements
  • production and co-production agreements
  • release forms and location agreements
  • artists’ agreements
  • merchandising agreements

Our clients come to our leading copyright practitioners for assistance on, for example: protecting copyright works through litigation and other enforcement strategies; exploiting online platforms and new media (working closely with our Technology practice); negotiating ownership and use of copyright; issues arising during M&A and restructuring activity; publishing and content contracts; aggregation and scraping.

Our Copyright practice represents a broad array of clients including prestigious book, magazine, newspaper, online and music publishers, broadcasters, industry organisations, collecting societies, and individual authors, artists and musicians.

The practice has an outstanding track record of protecting the rights of owners and exploiters of copyright works and helping them to license and exploit those rights in the most effective way, both individually and collectively. We regularly help clients in the sale and purchase of catalogues of copyright work, including carrying out due diligence.  Clients seek our advice on both a national and a European level.

Sponsorship, licensing and merchandising

Successful organizations and companies know that a strong brand image has the power to instantly set them apart. Our team helps clients develop and expand this power. We manage IP portfolios and handle IP litigation for some of the world’s most recognized sports, media and entertainment brands. We also have extensive experience with naming rights, concessions, operations, music advice in relation to sports properties, and other corporate sponsorship agreements that sports clubs and their facilities may pursue.

Release forms and location agreements

Are you a TV Production company, agent, presenter or writer? ….. or involved with TV in another capacity? We can undertake a wide range of legal work, drafting and negotiating agreements but more importantly helping you to obtain the best rights deal possible for your business:

Production and licensing agreements between the commissioning broadcaster and your production company

  • Talent agreements, directors/ producers agreements, crew agreements,contributor agreements
  • Writers agreements
  • Advising on production issues such as copyright and clearances, drafting location agreements, drafting release and consent forms
  • Advising on format rights and option agreements.
  • Advising on compliance issues (including defamation and programme content clearance and ITC and ICSTIS codes).
  • Advising on the Communications Act and the new Public Service Broadcaster terms of trade
  • Advising on exploitation of ancillary rights such as merchandising, publishing and format exploitation.
  • Distribution agreements and secondary programme sales to other markets/territories

Artist agreements

To that end, we are pro-active and can assist unsigned or unmanaged artists in securing recording and publishing deals and the right management. We pride ourselves on speaking the same language as our clients and will be flexible in the way we charge for our services. Should things go wrong, Clintons has probably the most highly regarded specialist music litigation practice in the UK.

Copyright protection

Clintons boasts an unrivalled reputation for advice in relation to copyright and trade mark related issues. That expertise extends to commercial advice on contentious and non-contentious matters. So far as copyright is concerned, we have acted for and advise clients in the literary, music, film, television, advertising, theatre, dance and computer software industries. We also advise numerous companies in relation to their rights and remedies in respect of their trading names, styles and get-ups and in relation to the registration and effect of national, European and international trade marks.

Format protection and exploitation

HKH advises a broad range of clients on all matters relating to the creation, acquisition, exploitation and protection of media rights to sports properties across all media platforms. Clients include national and international governing bodies, clubs and teams, agencies, broadcasters, and production companies. Work in these areas typically includes:-

  • Advice as to the assembly and quality of rights
  • Structuring of rights packages, tendering of rights and responses to tender
  • Drafting and negotiating media rights licensing agreements (including host broadcaster agreements)
  • Production, technical distribution and archive management and exploitation agreements
  • Advice in relation to format protection for television programming
  • Regulatory, rights protection and dispute resolution matters.

Merchandising and Sponsorship

Merchandising and sponsorship can represent a lucrative source of additional income for Artists, Musicians, Sportsmen and Entertainers. HKH Music experts regularly deal with tour and retail merchandising agreements on behalf of both companies and artists, additionaly they also advise both Artists and companies on tour sponsorship and product endorsement.

  • Expert advice on the commercial terms of sponsorship and merchandising deals
  • Structuring and drafting detailed sponsorship and merchandising agreements

Production and co-production agreements

We act for a broad roster of clients in the entertainment world, ranging from professional musicians, songwriters, actors and television production companies to independent record producers, music publishers, and artists’ managers and booking agents.

We aim to provide commercial solutions and will, if requested, conduct the often complex negotiations that bring together hard-nosed financial interests and sensitive creative talent.

As the boundaries of the media and entertainment world are extended to include satellite broadcasting and the internet, as well as DVDs, ringtones and software, we have developed our expertise to protect clients’ interests whilst ensuring that their talents and resources are carefully nurtured and sympathetically developed.

Branding Advice

A brand development and protection strategy is a core part of any successful business plan. We advise and assist our clients in developing and protecting their trade mark portfolio, working closely with trade mark agents to identify and define our clients’ key intellectual property assets.

Brand risk assessment tool

We have developed a specialist intellectual property risk assessment tool or “matrix