Media and Entertainment

Media and Entertainment

The Media & Entertainment area of Souto Correa has a broad practice covering a range of industry-related subjects. Our multidisciplinary team combines professionals with solid expertise in Intellectual Property, Corporate, Consumer, Contract and Tax Law who work on complex projects in the media, digital and entertainment areas, providing legal representation to clients in Brazil and in other countries.

We provide legal counseling to advertising agencies, TV stations, digital platforms (marketplace and e-commerce), technology and telecommunications companies, film and TV studios and production companies, record labels, independent content producers, artists, investors, and intermediaries in commercial transactions and negotiations of all natures.

We also work in structuring businesses related to the music and entertainment industry, such as company start-ups, corporate organization of record labels, investment partnerships, joint ventures, artist succession planning, inventory related to copyright and related rights, disputes between artists, record labels and publishers, drafting, reviewing and renegotiating agreements concerning copyright and related rights, artist development and representation agreements, issues related to payment of public performance rights, legal assistance in accounting audits of record labels and publishers, sponsorship, internet rights and monetization contracts, contracts involving NFTs and cryptocurrencies, disputes involving image and reputation rights, removal of internet content, matters concerning freedom of expression and repression of unauthorized use of musical, artistic and literary works, including search-and-seizure orders, judicial and extra-judicial agreements, obtaining injunctions to stop improper use and measures for obtaining compensation for damages arising from the infringement of copyrights and breach of agreements and measures for early termination of agreements.

Our practice includes representation, intermediation, sponsorship, publicity, licensing, marketing, and naming rights agreements and trademark registration. It also includes corporate restructuring of artists and producers’ companies, including tax and succession planning aiming at minimizing taxes and capital risks, and creating lean structures for income management. The team also works in clearance of project rights and intellectual works by securing any required authorizations from the rights holders, and in negotiations and conflict resolution. The area provides counselling on matters related to the Advertising Self-Regulation Council (CONAR) and the National Cinema Agency (ANCINE) and provides consultancy on agreements and negotiations for audiovisual productions in all stages of production, including concerts and events, artistic and cultural productions, book publishing, branded entertainment and product placement licensing, in addition to matters related to the laws of promotion and incentive to culture.

Recent Representations

  • Representation of one of the major artists of Brazilian music in four disputes involving copyright before the Superior Court of Justice;
  • Representation of a Brazilian popular music icon in two legal battles against their record labels, claiming termination of contract in lawsuits with high potential for damage compensation;
  • Representation of the family of a rock icon in two lawsuits against major record labels, with potential to set relevant precedent in the music industry;
  • Participation in the family and succession planning of several artists, restructuring their businesses, reviewing their partnership agreements, testamentary provisions, and business contracts;
  • Projects related to image rights and other personality rights, personal data, copyright and Internet protection, including matters related to consumer rights arising from the virtual environment;
  • Drafting of terms of use, contracts and rules related to e-commerce, cultural competitions, sweepstakes and promotions, data protection training, and structuring of privacy and compliance rules and policies;
  • In the music business, our team has carried out audits to evaluate the monetization of performers, composers, and musicians, including royalties (related rights), copyrights, public performance rights, licensing, and negotiations with record labels, publishers, collective management entities, and digital platforms;
  • Representation of one of the world’s largest digital platforms in legal issues involving Internet copyright and related rights;
  • Counseling to some of the biggest film producers in Brazil on corporate and contractual matters;
  • Structuring of a relevant partnership between a major record label and a music aggregator involving a high investment amount;
  • Legal counseling to a well-known music artist in a successful defense against an accusation of plagiarism;
  • Legal counseling in several negotiations involving the purchase of a copyright catalog;
  • Representation of the world’s largest hosting application in disputes involving copyright and trademark infringement;
  • Representation on litigation between companies in the telecommunications industry with consequences in the civil, criminal and labor fields;
  • Legal counseling to several artists and companies in artistic hiring processes, providing advice on labor and tax matters;
  • Successful injunction securing the release of literary works accused of ‘violating morality’ due to their LGBTQ+ content during the Rio de Janeiro Book Fair.

Recognitions

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