Overview
The firm is widely recognised for its work in this area, with awards and representation on industry bodies within Asia and internationally.
Film, TV and Music
Our lawyers represent clients ranging from major international record companies and international television and film production companies to event promoters and individual artists.
Our law firm’s range of media and entertainment law services covers all aspects of the film, television and music industries, including financing, production, licensing and distribution and artist and talent agreements.
Cutting-edge
We also act for clients engaged in sports and event promotions, theatrical productions, advertising and other forms of media, hospitality and leisure, and advising on copyright and intellectual property matters generally.
Our multi-award-winning lawyers stay up-to-date with the cutting-edge changes in new technology and their impact on the media and entertainment industry, advising on online and mobile deployment strategies and the legal issues associated with these.
Wide-ranging Expertise
The media and entertainment landscape is continuously evolving, with new technologies, business models, and legal considerations emerging all the time.
Our team draws on expertise from across Haldanes’ various practice areas, including:
- Entertainment Transactions.
- Sports Law.
- Technology & Intellectual Property.
- Privacy & Data Security.
- Litigation & Dispute Resolution.
- Tax & Wealth Planning.
Media Regulation
Given the sensitivity with which the media is regarded in many jurisdictions in Asia, we are experienced in addressing relevant regulatory issues.
In particular, we are familiar with the workings of the Broadcasting and Telecommunication authorities in Hong Kong and, in conjunction with our correspondent lawyers, with the State Administration of Radio Film and Television in the People’s Republic of China.
Where necessary, we can assist with contentious issues within media and entertainment law, including copyright infringement, contractual issues, and more specialised matters that may require reference to the Copyright Tribunal in Hong Kong.
Our extensive experience in this area in various jurisdictions allows us to provide informed and practical legal advice on a wide variety of issues and to assist our clients in making the right commercial decisions.
Read More
- Representative Experience
- Acted for various prominent regional and international artist in a range of matters including negotiating and drafting of film production / recording / publishing / management agreements, personal appearance and commercial endorsement agreements, concert tour agreements, and various agreements for exploitation of online rights, advising on contentious issues (including but not limited to breach of concert, recording and management agreements).
- Retained by several major international broadcast, news and social media platforms to provide legal advice and handling regulatory investigations and enforcement actions.
Advice we provided covers areas including the film censorship regime, Personal Data (Privacy) Ordinance, the National Security Law (NSL), and its Implementation Rules, due diligence considerations that filmmakers may want to incorporate into the recruitment of their crews to avoid run-ins with NSL, laws regarding the national anthem, flag and emblem, regulatory compliance on cessation notices, removal orders, production notices and doxing offences.
We also provide regulatory training sessions to our clients and their employees. In addition, we provide advice on issues including:- Regulatory bodies and relevant laws governing media companies in HK;
- License requirements for publishing and broadcasting, the associated compliance obligations and consequence of non-compliance;
- Corporate governance guidelines and regulations;
- Content licensing arrangements with third parties; and
- Other legal, compliance, or regulatory considerations (including content regulation and copyrights protection concerns).
- Engaged by various major record labels in relation to mobile and on-line digital distribution including advice on the copyrights/rights involved in the distribution of music over the Internet and wireless platforms; advice on legal remedies to resolve conflicts with rights owners, including applications to the Copyright Tribunal in Hong Kong and other similar fora in relevant Asian jurisdictions; advise on strategic planning and negotiations with rights owners and relevant media platforms; advice on legal developments in other comparable jurisdictions; and drafting content licence agreements with service providers, both online and mobile.
- Music Industry
- Advised an Asian music icon on negotiating, drafting and finalising management, recording, and other ancillary agreements with a major record label.
- Advised an up-and-coming female artist in the termination of her writer agreement and management agreement with her former record label. We were also heavily involved in the negotiation of her new recording/management contracts.
- For over a decade have advised a renowned singer-songwriter and music producer based in Hong Kong and Taiwan on negotiating and reviewing various agreements.
- Advised a global music publishing company regarding potential issues and the commercial terms of publishing agreements between the client and a well-known Chinese artist.
- Advised a Singapore-based music fund aiming to build and curate a diversified portfolio of music in the Asia region. We were heavily involved in the due diligence exercise and drafted the acquisition and publishing agreements, ensuring our transaction documents serve as the client’s blueprint for multiple acquisition deals in the future.
- Assisted a Norwegian music company and artist representative agency in negotiating and reviewing a variety of agreements. This included the guest vocalist agreement, service agreements, sound recording licensing agreement with Mainland China platforms, and gala performance service agreements with Kuaishou (a popular social platform in Mainland China similar to TikTok).
- Advised a leading digital entertainment company in Southeast Asia during its start-up stage. Our team also assisted in the drafting of template agreements for music publishing and the acquisition of catalogues from writers in the region.
- Advised an independent music publishing company regarding the licensing and potential copyright infringement of a widely popular children’s song with a prominent chain restaurant.
- Engaged by an artist management and music production company focused on the Asia Pacific region. Our role involved reviewing a wide range of agreements for our client, including digital music distribution agreements, producer master and composition buyout agreements, and publishing agreements and assignment agreements with various labels. We provided advice and guidance on copyright, music licensing, and other legal matters.
- Advised a company engaged in music production, artist management, and music publishing. Our services included reviewing various agreements and offering guidance on legal matters arising from these agreements. Most recently, we assisted in the review and preparation of a recording production and artist management agreement for their latest artist and songwriter.
- Assisted an independent record label, distribution and publishing company based in San Francisco in reviewing, negotiating and advising the client on the content licence agreement, digital music sales agreement, and contract on digital music distribution agreement between the parties, and advise the in-house team on legal issues regarding the terms of these agreements.
- Provided expert advice to a Western musician regarding his businesses in the Greater China Region. Our services included drafting and reviewing licensing agreements with streaming platforms, ensuring our client’s music was properly protected and monetised. We negotiated and reviewed event agreements for the organisation of live tours, ensuring our client’s performances were executed smoothly and in compliance with relevant laws and regulations. We also provided guidance on sponsorship and brand endorsement agreements, maximising our client’s brand partnerships and revenue opportunities and helping them navigate the complexities of the music industry in the Greater China Region.
- Acted for leading record labels and independent labels in the acquisition of catalogues in the region.
- Negotiated on behalf of multiple leading international streaming platforms and media companies with copyright societies; negotiating and drafting music licenses for various broadcasting platforms.
- Film and Theatre
- Engaged by a multinational entertainment studio as their local counsel to provide advice on the preparation and review of relevant legal agreements for cross-border production services, including its crew agreements and production services agreements.
- Advised a prominent film production company based in Hong Kong on a range of production template contracts, including non-disclosure agreements, location release agreements, dayplayer agreements, crew agreements, termination agreements, and service agreements.
- Advised an overseas government-led creative initiative on all aspects of its creative content program, including service agreements, co-investment agreements, marketing funding agreements, script development funding agreements, fellow agreements, and collaboration agreements.
- Assisted and advised a Singaporean entity on all legal matters pertaining to its television series. Our work encompassed the preparation and review of various legal agreements and documents for cross-border production services. This included writer agreements, talent agreements, crew agreements, production services agreements, wardrobe rental agreements, agreements on design for opening credits, composer agreements, payroll services agreements, poster design agreements, releases, and riders. We also provided assistance and support with the registration of copyright of the script in Mainland China and the USA.
- Advised a Hong Kong company established by a multi-award winning director and producer. Our advice covered a wide range of agreements, including co-development agreement, writer agreement, certificate of engagement, consulting agreement and more.
- Advised a Japanese company involved in the production and distribution of both Japanese and foreign motion pictures. We provided assistance in drafting and negotiating an option purchase agreement and distribution agreement.
- Advised a Singapore film/TV producer on option and writing contracts.
- Advised a local production company in negotiating and reviewing the terms of a screenplay purchase agreement, option agreement, and director agreement for a film selected for prestigious film festivals such as Cinemart at the International Film Festival Rotterdam, the Berlinale Co-production Market, and the Tribeca All Access Program.
- Advised a local film production and artist management company on negotiating a film financing structure for major motion picture production.
- Advised a theatrical promoter specializing in promoting shows in the Asia region on negotiation and drafting of sponsorship agreement, visa issues for talent and negotiating and drafting venue agreements.
- Negotiated licence agreements for both licensees and right owners for music rights.
- Streaming and Digital Media
- Engaged by a leading online video platform that allows users to watch, upload, and share video content globally, to provide a training seminar for senior management on the evolution of regional copyright laws and digital licensing landscape in Asia. , share video content globally in providing training seminar to senior management as to the advising on digital licencing issues in India, Taiwan and Indonesia advise and assisted in music clearance matters.
- Engaged by a multinational technology company that develops, manufactures, licenses, supports, and sells computer software, consumer electronics, personal computers, and related service in launch of an audio and audio visual digital service in Asia; including advising on regulatory issues in various Asian markets, drafting and negotiating of content licencing deals with content partners and drafting and negotiating of licencing deals with performance rights organisations.
- Advised a global video on-demand streaming service in negotiating a blanket license for its use of repertoires represented by performing rights organisations.
- Advised a music streaming service owned and operated by a Korean electronics conglomerate in respect of its launch of audio digital service in Asia.
- Advised the rights owner and promoter of a high-profile celebrity influencer boxing tournament. This tournament garnered millions of views on YouTube, Instagram, and Twitter, with a combined following of 210 million. We provided guidance and assistance to the client in all aspects of the tournament.
- Advised corporate venture capital and private equity firms in the acquisition of a leading music platform.
- TV and Broadcasting
- Advised a Hong Kong entity of a South Korean media conglomerate on various agreements including the sale and licencing of streaming rights for episodic series produced by the client.
- Acted for several leading global media clients including major news networks, television channels and technology companies in negotiating broadcast licensing agreements with the Composers and Authors Society of Hong Kong (CASH). Our role involved representing these entities in negotiations with CASH and drafting the necessary licenses on various broadcast platforms.
- Engaged by one of Japan’s largest TV studios / content producers in advising upon and negotiating film production and distribution joint venture with a Hong Kong based production company and drafting and negotiating film financing and production documentation.
- Engaged by a renowned cable sports channel in providing extensive advice in relation to issues of fair use with regards English Premier League broadcast rights and gaming laws arising from intended programming venture in Asia.
- Advised a global entertainment, sports and news company in relation to issues arising from Olympic broadcasting rights and negotiating of broadcast licences with collection societies.
- Advised a world leader of business and financial news channel in various regulatory issues connected to programming launches and assisted a production partner in connection with a programming project including advice around licences and releases.
- Advised one of the world’s leading media investment company in negotiation and drafting programme licencing agreements for broadcast of programming content and a format acquisition agreement for local production.
- Engaged by a German private multinational conglomerate to advice on laws relating to TV broadcasting, radio broadcasting, music publishing, film and television publication and distribution, and music distribution throughout the Asia region.
- Advised one of world’s largest independent TV production companies, pioneers of reality TV on regulatory issues connected with the mechanics of reality programming in various Asian markets, review of various format licensing agreements for Asian markets, negotiating and drafting of agreements in relation to production ventures in Southeast Asia.
- Engaged by a prominent food channel to assist in preparing and advising on a range of agreements including talent agreements, distribution agreements, employment agreements, channel license agreements, option agreements, production agreements, carriage agreements, sponsorship agreements, non-disclosure agreements.
- Assisted a Michelin-starred chef in negotiating and drafting various agreements to support his television career and personal brand. We provided guidance on a publishing agreement and facilitated the negotiation and drafting of a personal appearance agreement for events, culinary festivals, and other engagements.
- Engaged by a major European format and reality TV content owner in negotiating and drafting of programming venture in the PRC and drafting of supporting legal agreements, as well as the negotiating and drafting of content licensees, advising on employment issues arising from programming venture, negotiation on licence deal with major European soccer club in relation to a proposed programme format.
