M L

Expertise Industries

Legal Expertise for the Media & Entertainment Industry

Expert legal guidance for film, music, or media projects in Portugal

Operating within the dynamic Portuguese media and entertainment landscape necessitates a comprehensive understanding of the legal environment. Morais Leitão stands out as a strategic legal partner. We provide a tailored suite of services to empower your success in this evolving industry.

Our team’s deep legal expertise in entertainment and media law allows you to navigate complexities confidently, make informed decisions, and seize emerging opportunities. Partner with Morais Leitão and ensure your creative vision grows within the bounds of Portuguese law.

Partnering with a specialised entertainment and media law firm

The international media and entertainment landscape is dynamic and ever evolving, brimming with creativity. But navigating its legal complexities can be a constant challenge. New players, innovative media formats, and shifting regulations demand a deep understanding of the legal environment. At Morais Leitão, our team of media and entertainment specialists understands these challenges intimately.

We are a comprehensive legal resource, with lawyers specialising in various areas crucial to success. We help clients succeed in Portugal with contract negotiations, protecting intellectual property, handling legal issues, and overcoming regulatory challenges. 

Morais Leitão legal services for the entertainment and media sector

  • Legal support with broadcast content (from script clearance to production legal advice)
  • Media & content distribution legal expertise (from digital risk management to distribution agreements for film and other content on the Portuguese jurisdiction)
  • Legal support with transactional guidance (from mergers & acquisitions to financing for a firm or other media project)
  • Legal advice on media digitisation and connectivity through streaming platforms & new electronic forms of broadcasting
  • Legal advice on litigation for the media industry (from copywriting infringement disputes to talent disputes) 

Legal Expertise for Broadcast and Pre-Broadcast Content

Morais Leitão has a deep specialisation in Portuguese law and possesses extensive experience in media-related legal matters, including:

  • Freedom of speech
  • Reputational damage – defamation and libel - stemming from media publications
  • Breaches of judicial secrecy
  • Privacy violations
  • Image rights

Additionally, we offer comprehensive support to the advertising sector across a broad spectrum of markets, addressing issues such as

  • Misleading and comparative advertising
  • The launch and execution of major advertising campaigns in Portugal 

Working with content broadcast legal issues

We have a proven track-record, having acted in some of Portugal’s most significant cases of the past decade. Our media law team conducts thorough pre-screening analyses to assess the risks associated with publishing or disseminating specific content through media channels in Portugal.

Furthermore, Morais Leitão boasts a dedicated intellectual property team that diligently monitors all matters relating to patents, trademarks, copyrights, image rights, designs, models, e-commerce, and advertising law. We routinely support negotiations for image rights in international marketing campaigns, offering a holistic service that integrates all relevant legal areas seamlessly and adapts to our client’s strategic objectives. 

Legal Advice On Media & Content Distribution in Portugal

Our team at Morais Leitão stays at the forefront of technological advancements within the media and entertainment sector. Our clients from around the world frequently request us to assess the impact of new broadcasting and communication technologies, as they are interested in how these advancements affect the audiovisual industry and time-shifting. We work collaboratively with clients to develop innovative services for end customers, supporting the sector in the field of audiovisual content distribution.

Furthermore, we leverage our expertise to develop advertising models and services alongside our clients. This includes, for example, integrating of advertising before recorded content, reflecting our commitment to keeping pace with technological advancements and the evolving landscape of television subscription services.

Recognising the potential for valuable synergies, our legal media and entertainment team collaborates closely with the Intellectual Property department. This collaborative approach ensures we offer our clients a holistic and comprehensive service. 

Transactional legal advice within the media industry

Morais Leitão has extensive experience creating and drafting contracts for Portugal’s media and entertainment industry while serving international clients. 

Specialised advisory in media transactions

  • Artist Contracts: We negotiate and draft contracts with presenters, announcers, journalists, actors, comedians, musicians, commentators, and other talent.
  • Production & Licensing Contracts: Our team handles production and licensing agreements for television, film, radio, photographic and journalistic works, documentaries, series, written press pieces, and more.
  • Distribution Agreements: We advise on and draft television programming distribution contracts between television operators and distributors - by cable, satellite, IPTV, OTT, and other technological means.
  • Technology Acquisition & Licensing: Our services include contracts for the acquisition or licensing of equipment, technological distribution platforms, streaming platforms, specific software, and all the technological tools needed by media organizations.
  • Copyright & Broadcasting Matters: We assist clients in obtaining generic authorisations in copyright matters, administrative broadcasting licenses, distribution of television channels, registration of media outlets and periodicals, and more.

Beyond contract expertise, our legal team offers clients a comprehensive and multidisciplinary service within global media and entertainment. This includes a particular focus on:

  • Emerging Media: We are at the forefront of the legal landscape surrounding gaming and esports, providing guidance and support in this rapidly evolving field in Portugal.
  • Broadcast Rights & Event Promotion: Our team has a proven track record in the complex marketing and negotiation of television broadcasting rights, promotion of events, concerts, and festivals on Portuguese territories.
  • Sponsorship & Marketing Agreements: We draft and negotiate sponsorship, merchandising, and advertising contracts, ensuring your brand interests are protected by Portuguese law.

Our legal services extend further, encompassing monitoring contracts and corporate matters within the media and entertainment sector. Morais Leitão has led the legal support for some of the most significant mergers and acquisitions in recent decades. We advise on and negotiate contracts, and new shareholders' agreements, transmit applications for new trademarks, update central registers of beneficial owners, and assist with capital increases and financing.

More recently, we have expanded our expertise to advise clients on setting up alternative sources of finance for investment projects, particularly in cinema, music production, and cultural events. This includes establishing private equity funds with management within and outside Portugal.  

Legal advice on technological means of communication and distribution

The technological media and distribution sector has radically transformed in recent decades. Morais Leitão has proudly stood alongside major operators throughout this evolution, navigating the landscape shaped by technological advancements, shifting consumer preferences, and profound in information access and sharing changes.

Companies in this fast-paced tech industry face challenges such as digitisation, global connectivity, and streaming platforms. They must also adapt to new technologies like virtual reality, augmented reality, and artificial intelligence. The legal and regulatory environment, constantly adapting and evolving in response to these advancements, presents another layer of complexity.

Our media legal team at Morais Leitão offers a proactive service that fosters an environment of confidence and security for investment and innovation. We empower our clients to approach legal challenges with assurance, leveraging our extensive experience providing legal advice on these critical matters. 

Specialised advisory within media communications

  • Streaming Platform Development & Implementation: We advise clients on the legal aspects of creating and launching streaming platforms.
  • Satellite Distribution & Licensing: Our team drafts and negotiates satellite distribution contracts and licensing agreements.
  • Licensing Expertise: We provide comprehensive guidance on complex licensing issues.
  • Dispute Resolution in Technological Media: We assist clients in resolving disputes related to technological media.
  • Data Protection & Privacy Compliance: We ensure your brand's compliance with data protection and privacy regulations.
  • International Regulatory Advice: Our team offers expert guidance on navigating local and international regulations.
  • Intellectual Property Protection Strategies: We develop effective strategies to protect your intellectual property. 

Litigation within entertainment and media law

The media and entertainment industry faces a rapidly evolving landscape worldwide, resulting in increasingly complex litigation issues intertwined with consumer behaviour. This multifaceted sector demands highly specialised legal knowledge encompassing intricate contracts, intellectual property concerns, regulatory compliance, and continuous technological advancements. Our legal team at Morais Leitão has the expertise to navigate these complexities effectively.

We frequently represent media organisations in infringement proceedings brought by the relevant industry regulator, ERC (Entidade Reguladora da Comunicação Social) in Portugal. We pay close attention to the various forms of piracy, including the unauthorised sharing of goods and services, television signal decoding, and the unauthorised republishing and reselling of press articles. 

Specialised litigation

  • Intellectual Property Litigation: We develop effective strategies to protect your intellectual property rights by copyright and trademarks.
  • Contractual disputes: We draft and negotiate contracts related to licenses, distribution agreements, and production contracts.
  • Reputational & Privacy Issues: We ensure your brand’s adherence to data protection and privacy regulations.
  • Compliance & Regulatory Matters: Our team offers expert guidance on navigating local and international regulations.
  • Digital Defence: We assist clients in resolving cybercrime and data breach disputes.
  • Antitrust & Competition Law: We have extensive experience in merger control, horizontal and vertical agreements, abuse of dominant position, and state aid.
  • Labour Disputes: We advise on workplace issues like discrimination, harassment, and other work-related conflicts. 

At Morais Leitão, we understand the unique challenges media and entertainment companies operating in Portugal face. Our team of experienced lawyers is passionate about helping clients navigate the legal complexities of this industry.

 

"The ML team has very solid experience in providing legal support to its clients and exemplary dedication, which clearly distinguishes it from others in the market."

Legal 500