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Practice Areas

Media & Sport

What’s it all about?

Some envisage a glamorous lifestyle in this area of the law. However, ultimately it involves helping clients make money out of the content you might come across in sports, film, television, advertising, music and ­magazines. As the proliferation of media continues, and the power of brands and the desire for content grows, the importance of this area continues to ­develop.

Although it can involve dealing with stars, the main excitement is getting to see the finished results in everyday life. Another pull is being emerged in an ever-evolving industry. The advancement of ­technology has meant a convergence of different media ­outputs, with traditional media, such as terrestrial ­television, now converging with new media, such as the BBC iPlayer. Just look at a mobile phone, on which you can now watch television, download music and upload pictures on to the web. This distribution of content ­frequently means having to renegotiate with talent and rights holders and having a good understanding of how the technology works, as well as its impact. Lawyers in this field must have a good understanding of both ­traditional media law and technology law.

Rights and exploiting content are the fundamental aspects of working as a lawyer in the media and sports field. There is a vast range of laws that are particularly significant in this field; intellectual property, ­including copyright, trademarks and design rights; IT; image rights; sponsorship; advertising; data protection and privacy; consumer protection; defamation; gambling; commercial; and contract law.

Most lawyers who work in this area will be at medium-sized or smaller niche firms. A non-­contentious media lawyer might work on and ­negotiate deals involving product placement for films or music downloads for phone providers. It is also ­essential to know the Code of Advertising to advise on any advertising campaigns to help avoid any ­complaints to the Advertising Standards Authority. In the area of technology work can involve supply and procurement, licensing, managed services and ­outsourcing. A contentious media lawyer will work on litigation including defamation, privacy and rights ­infringements. Recent cases include a long-running comparative advertising dispute between mobile ­operators O2 and Hutchison 3G, where O2 claimed infringement of its bubble trademarks; a trademark dispute between Whirlpool and Kenwood, where Whirlpool claimed infringement; and a contractual dispute involving Australian rugby player Stephen Larkham, the Scottish Rugby Union and Edinburgh Rugby.

Sports law is an industry sector, not a legal discipline. Sports lawyers need to be confident in looking at any kind of contract, working on sponsorship, branding, marketing services and promotional opportunities. You can also be specialised in sports employment law, advising sports governing bodies, players or agents.

The working culture

Compared with working for a big City firm, which ­specialises for example in banking law, media and sports law firms can be unstuffy, rarely require a suit and tie and are entrepreneurial.

If you want to be the highest-paid lawyer, media and sports law is perhaps not for you. If you want ­interesting work, to think creatively and to be the envy of your peers (and for your non-lawyer friends to actually sound interested in what you do), then this could be the area for you. However, be aware: media clients often work to tight and sometimes unrealistic deadlines and can be very demanding.

Skills required

Media and sports lawyers need to be far more ­commercially aware than many often realise. Along with a comprehensive understanding of rights, they also need to be commercial. Ultimately, they are ­working on deals that should help drive businesses forward and will deeply affect the  capability of people and companies – knowing the industry, how to spot a good deal from a bad one and being able to improve them is essential.

It is also important to be practical and pragmatic. The modern world is communicating at a faster pace than ever – this industry knows it more than any other, so being able to work efficiently under pressure and meet tight deadlines is a must. It will not be all glamour straight away, so an enthusiasm to work on the more mundane tasks is required. ­Having top-notch ­interpersonal and communication skills is a must-have, as is attention to detail. To get anywhere in this ­industry lawyers need to have a ­passion for the media and internet. This passion has to be demonstrated by reading around the area, being aware of ­recent ­developments and how they relate to updates in the law and, importantly, to have an ­opinion on them.

Recent developments

Traditional media such as terrestrial television and radio are converging with new media such as satellite television, internet, computers, iPods and mobile phones. Distributing content on new media platforms often requires renegotiation with rights holders and a good understanding of new technologies.

Cliff Fluet, partner, Lewis Silkin

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