Sunday, 23 January 2022

Entertainment Law- An Insight- by Vedant Karia at LexCliq

 Entertainment Law- An Insight- by Vedant Karia at LexCliq

Entertainment includes movies, TV shows, plays, and concerts. Glory, imagination, creativity and hard work.

Entertainment law is also known as Media Law. It deals with entertainment and media legal services.

The Media and Entertainment Industry (M&E) has grown in importance in recent years. It is estimated to bring in USD 35 million. Suppliers and consumers are increasingly using the internet in the M&E industry.

M&E is a broad sector with high potential for abuse. Various laws with varying goals have been enacted to regulate effectively. The Cinematograph Act of 1952, the Cable Television Network Regulation Act of 1995, and the Information Technology Act of 2000 regulate content on exhibition mediums like cinemas, television, and the internet.

The Copyright Act of 1957 and the Trademarks Act of 1999 protect intellectual properties like trademarks and copyrights. Defamation, religious sentiments, etc. are all punishable under the Indian Penal Code, 1860.

The first concern in M&E is freedom of speech and censorship. Article 19 of the Indian Constitution guarantees freedom of communication and expression via electronic media and publications. Article 19 guarantees freedom of expression as part of the right to self-development.

While the legal side of entertainment may not be as glamorous as the actual production, it is still a very important aspect of the industry. Entertainment law covers the entire entertainment and media industries. Everything falls under the umbrella of entertainment law, from fighting for free speech to negotiating for talent. Skills such as contract drafting, negotiation, communication, analytical approach, critical thinking, etc. are vital in the field of entertainment law, as well.

As media became more popular, so did the field of media law, leaving some corporate professionals wanting to participate more in media. As a result, many young lawyers went into media law to network, become a media presenter, or even act. As technology advances, more lawsuits are filed, necessitating the need for lawyers.

Entertainment law isn't a distinct legal field. It is a fusion of traditional legal disciplines like contract, IP, and business law.

Role of Entertainment Lawyers

  • Drafting contracts

  • Facilitating negotiations

  • Connecting clients with other service providers

  • Adviser

  • Protecting intellectual property

  • Provide representation

  • Developing financing agreements for various loans, sponsorships, grants, and other forms of funding. 

 

As you can see, an entertainment lawyer's role is often quite broad, making them an invaluable asset to have on your side if you work in the entertainment industry. The following are some of the areas that lawyers may handle for each industry:

To draught and negotiate contracts, facilitate funding processes, manage and acquire talent, litigate and protect their Intellectual Property Rights are some of the tasks that legal departments assist business teams with. These houses work with outside law firms to understand business-related legal requirements. Thus, in-house lawyers for media or entertainment companies must understand their businesses in order to effectively advise and protect their interests. By bridging assignments with legal departments, these in-house counsels gain expertise in various areas of the entertainment industry, paving the way to general counsel.

Alternatively, an entertainment lawyer may be part of a media and entertainment law firm. Essentially, they get to act as an external counsel for the media house. The benefit of being an entertainment and media lawyer in a law firm is that you get to work with multiple clients and represent various media outlets and celebrities at the same time.

As entertainment evolves, so does the law. With the current advancement of technology, people are becoming more interested in discovering new forms of entertainment like web series, OTT platforms, etc. Thus, the role and responsibilities of an entertainment lawyer will continue to evolve and change. Overall, an entertainment lawyer's role and responsibilities are unique and vital today.


Vedant Karia


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