Entertainment, film and media

In our law firm, this field is covered by a highly specialised team of experienced lawyers. We address all of its aspects, from the drafting of contractual documentation to the creation and distribution of content and systems, to activities of individuals and the protection of IP rights. We concentrate on online technologies, streaming platforms and related areas such as TMT, digitisation, e-commerce, mergers and acquisitions and FinTech. We have long-term experience in administrative proceedings with inspection authorities and in representing clients in litigation.

FILM AND TELEVISION

Film and television production is an important part of the entertainment industry. Thanks to our extensive experience in this field, we are able to address the entire agenda needed to ensure successful production and subsequent distribution of the outputs of film and television production – negotiating contracts with key staff (scriptwriters, actors, directors of photography, sound masters, film editors, post-production team and other crew members), establishing the legal terms and conditions for production or co-production and settling the intellectual property rights used, typically the music and sound components of the film. In foreign productions or co-productions, we can also address related key issues such as film incentives, funding from film funds, or Czech regulations restricting the practical handling of subject-matters of intellectual property. We also have extensive experience in the area of collective copyright management.

MEDIA AND MEDIA SERVICES

The media world has been increasingly shifting from traditional media into the online environment. With a few clicks of the mouse, any content can be made available to the entire world in just seconds. As a result, people who work in the media sector increasingly have to deal with a number of specific legal issues, in particular conflicts between personal rights and the freedom of speech, typically in news reporting activities; the protection of copyright works and other subject-matters of intellectual property; or liability for the content of other persons, such as users of media services. Personality and reputation disputes are also part of our work, where we regularly represent celebrities, public figures or injured individuals, particularly entrepreneurs. In the context of increasingly stricter regulation of various aspects of media activities, including, for example, electronic communication services (including OTT and IPTV), radio and TV broadcasting and AVMS, finding one’s way within the industry is not easy. We deal with all aspects of the media market and know practical solutions to all the related problems.

VIDEO GAMES AND ESPORT

The video games industry is one of the fastest growing industries with revenues in the billions of euros. We provide comprehensive advice to game studios, developers, investors, distributors, media houses, influencers, esports platforms and teams, content providers and players themselves. In addition to specific video game and esports issues, we also address typical gaming law issues such as copyright and other intellectual property rights protection, liability for game content and related regulatory issues, e-commerce, sponsorship and media services, in particular streaming and Video-On-Demand. Our specialists are also active players, so we understand not only the legal but also the practical aspects of the industry. We can also adequately cover the overlap of gaming into related areas, typically advertising regulation, unfair competition, data protection, consumer protection, etc.

REGULATION OF GAMBLING

Gambling is a popular part of the entertainment industry, with strict regulation and thorough inspections by the relevant administrative authorities. The growing trend of gambling shifting into cyberspace is bringing about new challenges. We help our clients to comply with legal regulations and, where necessary, represent them in corresponding administrative or court proceedings. Under Czech and Slovak laws, high fines are imposed for infringement of relevant regulations, and supervisory authorities also impose fines upon entities with a purely virtual presence and block their web sites or bank accounts for even the most minor infringements. A legal assessment of the risks arising from both Czech and Slovak regulation is therefore becoming a necessity.

In the long run, we specifically address the following:

• Development and protection of software and other intellectual property, including related aspects such as the use of artificial intelligence, motion capture technology, virtual reality, metaverse and game engine licensing
• Drafting the legal documents necessary for the development, distribution and operation of games, such as contracts with developers, artists, client-supplier relationships, as well as for the creation and business use and sale of (digital) content, such as contracts with journalists, artists, crew and producers, post-production, client-supplier relationships
• Legal reviews of sponsorship contracts and rules for consumer or other marketing competitions to ensure that content is promoted in accordance with applicable legislation
• Protection of personal rights, copyright and other intellectual property rights, including related contractual and public law aspects, in particular regulation of radio and TV broadcasting, online platforms, advertising, consumer law
• Representing clients in criminal, administrative and civil proceedings
• Protection of ICT infrastructure (data repositories), including CDN and cyber security
• Regulation of internet business and e-commerce, including the set-up of marketplaces, streaming platforms, EULAs, terms of use, personal data processing policies, cookie tools, etc.
• Advice on payment services, including electronic payments and digital currencies (payment gateways, blockchain, NFT, in-game transactions) and related tax advice such as transfer pricing, income tax, VAT, including reverse charge and gambling tax
• Transaction advisory services, typically legal due diligence, structuring transactions and drafting related documentation
• Ensuring that media, film, television and gaming products comply with regulations affecting content liability, access to content or ratings and continuous monitoring of the compliance
• Representing clients in obtaining state aid and necessary public permits, e.g. licences and registrations with the Council for Radio and Television Broadcasting, film incentives from the Czech Film Fund, cooperation with the Czech Telecommunication Office, regulation of internet broadcasting and gambling

We continue to share our know-how in expert publications, at specialised workshops and industry discussion panels, and on our blog.