In a nutshell
Advertising and marketing lawyers offer advice to ensure a client's products or advertisements are compliant with industry standards, plus general advice on anything from contracts between clients, media and suppliers, to employment law, corporate transactions and litigation. Entertainment lawyers assist clients in the film, broadcasting, music, theatre and publishing industries with commercial legal advice or litigation. Sports lawyers represent organisations and individuals active in the industry, and can operate in a broad range of practice areas such as finance, IP, telecommunications, negligence and privacy. Reputation management lawyers advise clients on how best to protect their own 'brand', be this through a defamation suit or an objection to invasion of privacy.
What lawyers do
Advertising and marketing
- Ensure advertising campaigns comply with legislation or regulatory codes set out by the Advertising Standards Authority (ASA) or Ofcom.
- Advise on comparative advertising, unauthorised references to living persons and potential trade mark infringements.
- Defend claims against allegations that their work has infringed regulations or the rights of third parties.
- Bring complaints against competitors' advertising.
TV and film
- Advise production companies on every stage of the creation of programmes and films.
- Assist on the banking and lending transactions which ensure financing for a film, as well as tax exemption rules for UK films.
- Help engage performers, negotiate a multitude of ancillary contracts, and negotiate distribution and worldwide rights.
Music
- Advise major recording companies, independent labels and talent (record producers, songwriters and artists).
- Advise on contracts, such as those between labels and bands, or between labels and third parties.
- Offer contentious and non-contentious copyright and trade mark advice relating to music, image rights and merchandising.
- Offer criminal advice when things get old-school rock 'n' roll.
- Assist with immigration issues.
Theatre and publishing
- Advise theatre and opera companies, producers, agents and actors on contracts, funding and sponsorship/merchandising.
- Advise publishing companies and newspapers on contractual, licensing, copyright and libel matters.
- Assist with immigration issues.
Sports
- Assist with contract negotiations, be they between clubs and sportspeople, agents and players, sporting institutions and sponsors, broadcasters and sports governing bodies.
- Handle varied employment and immigration issues.
- Defend sportspeople accused of doping offences or other unsporting behaviour.
- Advise on corporate or commercial matters like takeovers, public offerings, debt restructuring and bankruptcy, or the securing and structuring of credit.
- Enforce IP rights in the lucrative merchandise market and negotiate on matters affecting a sportsperson’s image rights.
- Work on regulatory compliance issues within a sport or matters relating to the friction between sports regulations and EU/national law.
- Offer reputation management and criminal advice.
Reputation management (defamation and libel)
- Claimants’ lawyers advise individuals – commonly celebrities, politicians or high-profile businessmen – on the nature of any potential libel action or breach of privacy claim, usually against broadcasters or publishers, before it either settles or goes to court.
- Defendants’ lawyers advise broadcasters or other publishers on libel claims brought against them. With the burden of proof on the defendant, the lawyers must prove that what was published caused no loss to the claimant or was not libellous.
- Help clients stay out of hot water by giving pre-publication advice to authors, editors or production companies.
Realities of the job
- Advertising lawyers must have a good knowledge of advertising regulations, defamation and IP law.
- Many advertising disputes will be settled via regulatory bodies but some, particularly IP infringements, end in litigation.
- Entertainment lawyers need to be completely immersed in their chosen media and have a good grasp of copyright and contract law.
- Reputation management lawyers need a comprehensive understanding of libel and privacy laws and an ability to think laterally. Individual claimants will be stressed and upset, so people skills, patience and resourcefulness are much needed.
- Working in media, entertainment or sports is often assumed to be a glamorous affair. However, lawyers operating in these areas are preoccupied with the legal issues arising from them, leaving little time for hobnobbing with celebrities.
- Landing a job as a media, libel, sports or entertainment lawyer is extremely tricky. While many have an interest in the field, the number of vacant positions is severely limited. Successful candidates usually have previous experience in a relevant sector, but even this will only get you so far; previous legal experience is also a must.