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Specialist Guide to the

Global Leaders in Media Law Practice

The most significant developments in Denmark over the past year include legislative changes with the enactment of Articles 15 and 17 of the EU Copyright in the Digital Single Market Directive into Danish law, as well as the adaptation of those provisions of the press publishers' rights and online liability to the market place, explained Martin Dahl Pedersen, Partner, Kromann Reumert.

Lawyers say dominant industry challenges include dealing with the licensing of copyright-protected material and performances in streaming services.

Mr Pedersen explained: “All the organisations of actors, instructors and writers under the so-called CREATE umbrella in relation to the use of fictional works entered into an agreement with the Danish Film Producers Association in respect of the licensing terms for streaming.”

He added: “However, the streaming services were not part of the agreement which they found too expensive to work under and all the streaming services including Netflix, HBO, Viaplay and TV2 decided to stop developing new fictional series. Recently, CREATE and TV2 have after long and hard negotiations agreed to the main financial conditions of a licensing agreement for streaming.”

Changes in the legal market structure have led to a historic move in the rankings, with a solo position in Tier one held by Kromann Reumert.

TIER 1

Kromann Reumert is a prestigious practice known for its extensive coverage of media and entertainment sectors. The firm is appointed by clients from television, radio, sports, publishing, online media and film. The team advises on the media’s right to protect sources. The team also advised on an arbitration case against the Danish Association of Football Clubs.

TIER 2

Bech-Bruun’s media focus includes music games, marketing and publishing. The media and entertainment practice has a particular emphasis on commercial matters and competition issues. Lawyers in the IP, media and entertainment team advise on film, television advertisements, sport and sponsor agreements as well as press law.

Gorrissen Federspiel has established a specialised cross practice group focussed on media, entertainment and telecommunications. The firm is rising in prominence with instruction from across the audio-visual segment.The media team advises on regulation, competition, disputes and corporate transactions. In representative work the firm assisted Bauer Media Group with the acquisition of SBS Discovery’s commercial radio stations. According to one client, the team has “a unique combination of the highest level of competencies in competition law, economics and procurement of media rights, both in terms of contracting and legal issues”.

Media law specialist Lassen Ricard acts for broadcasters and entertainment companies in a multitude of cases. The team advises television and radio operators on distribution and retransmission of content, copyright and marketing. Lawyers have extensive experience in cases involving digital copyright and acquisition by television stations of rights to linear and on-demand use, including third-party exploitation of rights. The team also advises on legislative frameworks.

TIER 3

Bird & Bird specialises in digital publication and digital content rights. The firm is also appointed by clients in cases of defamation, privacy and freedom of speech regarding commercial statements. The media team works with clients from the audio-visual, marketing and online sectors. Clients describe the team as “always very efficient, fast and accurate in their work”. One client highlights lawyers as having “deep and far reaching understanding of the media sector and having been so close to the industry, is very commercially minded and knowledgeable on the sector.”

The media team at Bruun & Hjejle has broad experience representing media companies and individuals in defamation and privacy cases. Lawyers work closely with the data protection group. The team also advises on intellectual property in the context of mergers and acquisitions. The team advises multiple television networks in cases involving investment, mergers and litigation.

With an emphasis on gambling, Moalem Weitemeyer routinely acts for foreign providers of online gaming. The media division also specialises in entertainment and sports. The firm’s client portfolio includes artists, writers, athletes and sponsors. Lawyers also advise on dispute resolution and intellectual property, including image rights.

Nielsen Nørager focusses on entertainment. Lawyers advise on agreements for production, financing of films and on disputes relating to film rights. The team has considerable experience acting for clients from the radio, television and telecommunications sectors. The team also specialises in competition law.

NJORD Law Firm is building a leading position as local media expert with a global portfolio that includes entertainment and sports clients. Thr team assisted HBO in Denmark and Norway on media matters. The team also advised one of the world’s largest media groups on an ongoing basis on personal data protection legislation, compliance and transfer of data to third parties under the Safe Harbour regime. Lawyers also have a particular focus on copyright across the Nordic countries.

TIER 4

Horten specialises in online distribution advice. Lawyers work with media and entertainment clients on matters including classic publishing agreements, record contracts and television production agreements. The firm’s media team advises on complex cases relating to the new distribution forms of music, film and television on all platforms.