Media publishing

As the media industry becomes more online-based there has been consolidation in the market place and a move away from traditional publishing methods.

The changes in the industry include:

• How to retain a profitable business and maintain hard copy sales when the trend is towards online publications/downloads?
• Facing new issues arising from online publishing and downloads, including rights clearance from freelance journalists.
• Reduction in space needed for publishing companies given decrease in volume of printed materials, decrease in storage needed, and reduction in headcount.
• High profile infringement cases in recent years such as Da Vinci code case and M&A activity as big publishers look to offload smaller, less profitable portfolios and merge/enter joint ventures with suitable businesses.
• The value of IP from characters developed in books has been exploited for commercial gain and many have been turned into highly successful film franchises, particularly in the children’s sector (Harry Potter, Northern Lights).

We have seen these changes reflected in the type of legal advice required to assist publishing companies protect and develop their business.

Our service

In the past year we have advised leading publishers on the issues identified above. This has included advising publishers on trade mark issues; online infringements issues; copyright protection and the EU Commission review of the fair dealing provisions; ensuring their trade mark portfolios are not just fully protected but are also being exploited to their potential as a revenue stream; and advising on their position when authors sell the film rights to their works.

We have also advised clients on the issues arising from Google’s digitisation of literary works and the copyright position in relation to Thumbnails.

We continue to advise on traditional publishing arrangements such as publishers, contributors and authors’ agreements and the commercial and legal issues relating to these arrangements.

Our experience

Using our experience of working in this industry we are able to provide our clients with commercial and practical advice.

Recent examples of our advice to publishing clients include:

• Managing the whole brands portfolio for a leading publisher. This has included advising on online infringement of the copyright in its articles by a competitor and advising in respect of an online passing-off case.
• Providing insolvency and competition law advice to a large magazine publisher on its acquisition of a competitor business out of administration.
• Advising a leading publishing house on the acquisition of a 144-year-old publishing company. The publishing company being purchased is the publisher of a famous cricket Almanack.
• Represented an author in a trade mark dispute concerning the title of an eponymous character appearing in a series of books, the film rights of which had been acquired by a film company. The proceedings were settled amicably before trial.