Media law

There isn’t a single ‘media industry’ as such. A firm will define itself as having a media practice when it has one or more lawyers who specialise in issues impacting on the film, television, music and/or publishing industries. Contrary to popular myth, media law is not a golden ticket to hobnobbing with your favourite starlet, musician, actor or footballer. Lawyers in this field will work on a range of issues and, as such, have the opportunity to develop experience across a wide range of legal and commercial situations. Most non-contentious work relates to significant commercial contract negotiations for broadcasters, record companies and film and TV producers. Contentious work is more a matter of risk management and includes libel, image rights, copyright, privacy and defamation. 

Graduate careers in media law

Some firms will concentrate on financing deals for the film or music industries while others are known primarily for defamation claims or sports and television work. A good rule of thumb is that the bigger the firm, the more likely it is to have a preference towards high-end work for corporate clients (for example studios, platform operators, broadcasters and financiers). The smaller the firm the more likely you are to get into talent work (lawyers in this area are often referred to as the celebrity lawyers).

Commercial media lawyers need to have a good knowledge of copyright and contract law, and of the technology and industry structures impacting on their specialist areas. The media industries are vulnerable to a number of economic, technological and international factors that can affect the work lawyers do. The rise of convergence (caused by the proliferation of so-called ‘new media’) has meant that now more than ever media lawyers need to understand the technology by which material is delivered. Media industries are going through a process of very significant change brought about by these factors. Separately, the changes in the tax regime in the UK have brought with them a wave of uncertainty about the UK’s ability to attract foreign investment into productions shot in the UK (particularly investment from the US studios).

The media has always been one of the most heavily regulated areas of public life. This has proven a difficult situation to sustain in the context of increasing global and interactive media, and so the regulatory regimes in the UK and EU are a little like shifting sands. This is good news for lawyers.

Some of the work can attract high-profile media attention and it adds a bit of spice to your working day to be featured in the news. The downsides include clients who don’t mind instructing but then don’t like paying and those who forget there is a time difference between the two sides of the Atlantic.

Is media law recession-proof? 

Television advertising has been seriously impacted, resulting in a reduction in how much broadcasters (particularly terrestrial broadcasters dependent upon advertising) can spend on rights acquisition. There are question marks over the future of some very important names. Although the subscription television market is reasonably buoyant, some of the subscription players are under increasing financial pressure. That said, deals are still happening and rights are being sold.

What skills does a media law solicitor need to do the job? 

• A personality. We’re not talking Russell Brand but the client base tends not to prefer legal robots.
• Industry awareness. These industries are complicated global businesses.
• A willingness to adapt. You have to move with the changing technology.
• Core legal skills. It’s important to keep your legal wits about you.
• A strong competitive streak.

What is it like doing a trainee solicitor job in media law? 

Trainees do a lot of legal and commercial research in support of their supervisor’s work. They also review, contracts as part of due diligence processes and chain of title reviews, and may well get some drafting experience on small deals. Trainees are not (usually) deprived of sleep and 24-hour days are uncommon. Media practices tend to use small, close-knit teams so when the work needs doing you have to shine. The more you show you are serious, smart, willing and able, the more responsibility you will get.

Types of law practised

• Contract.
• Copyright.
• Intellectual property.

About the author

NICK FITZPATRICK is a partner in the media practice of DLA PIPER UK LLP.