Garrigues is a leading legal adviser in the audiovisual sector. We provide services to traditional production companies, such as major Hollywood studios, audiovisual service providers (including international streaming platforms), media groups and other operators in the sector. We cover all stages of the audiovisual process (creative development, production and marketing, script and title clearance on fiction and nonfiction projects for cinema and television) and all audiovisual communication services. We also advise content creators and actors on defending their rights.
We combine the talents of top-tier experts in each area of audiovisual law to offer an integrated and multidisciplinary service, supported by our profound knowledge of the industry. Our dedicated team of intellectual property, regulatory, tax, labor and employment, corporate, antitrust and litigation experts are able to handle technically complex projects and queries, helping ensure productions and contracts remain on track. We visit sound stages and film sets, reviewing scripts and rough cuts and suggesting creative solutions where scripts may affect rights to honor, privacy and personal portrayal. We also negotiate agreements at all stages and defend our clients’ interests in court when so required.
We are present at some of the largest international festivals and forums, being well versed in audiovisual and film legislation and on good terms with the regulatory bodies (ICAA, CNMC, ministries, etc.) and our team has taken part in some of the largest concentrations in the sector, as well as finance deals for high-profile audiovisual productions. We have extensive experience in negotiations with author and artist management entities in both Spain and Latin America.
Acquisitions of companies and businesses, investment and divestment agreements, strategic alliances and corporate transactions (mergers, spin-offs, etc.) at companies in the audiovisual field
- Creative development and financing stage
- Production and co-production agreements.
- Investment and finance agreements (gap financing, completion bonds, complex financing structures), including copyright mortgages.
- Contracts relating to chain of title (underlying rights, formats, scriptwriters, script coordinators, advisers, etc.).
- Script clearance in terms of compliance with the law or content policies.
- Production stage
- Contracts with talent (directors, composers, actors, executive producers, technical crew, etc.) subject to labor legislation
- Clearance of rough cuts of sequences and episodes in terms of compliance with the law or content policies.
- Trademark licensing for merchandising.
- Musical contracts (composition, phonogram production, synchronization licenses, etc.).
- Advice on tax incentives.
- Marketing, sharing, distribution and sales
- Review of marketing materials.
- Agreements between platforms and collecting societies.
- Licensing of rights, programs, content and channels, and output deals.
Queries and legal opinions on industry regulations and the obligations of public and private audiovisual communication service providers, and in relation to the public consultation framework for new draft legislation.
Procedures for commencement of activity and other formalities vis-à-vis sector-related regulatory authorities and public registries.
Advertising, sponsorship, product placement, branded entertainment and merchandising.
E-gamers, streaming, big data, etc.
Protection of the right to honor, privacy and personal portrayal, including in relation to fake news campaigns.