Audiovisual regulation

Our Media team draws on over fifteen years’ experience of working closely with the French Higher Audiovisual Council (Conseil Supérieur de l’Audiovisuel, CSA). We are particularly well placed to assist our clients in obtaining the authorisations necessary for the broadcasting of television and radio channels, or the necessary approvals in the event of capital restructuring or the sale of television or radio channels. We are active in a number of disputes, and our academic presence mean Gide plays a key role in France’s changing audiovisual regulatory environment.

Broadcasting

The core of our activity is to offer all-encompassing legal assistance to national radio and terrestrial TV broadcasters, and to specialised DTT, cable or satellite TV broadcasters, particularly as regards their relationships with producers and the rightsholders’ representatives. Such assistance relates to both TV shows and fictions, and covers all legal aspects to help secure the creation of programmes, the broadcasting and distribution of existing programmes and the fresh production of new programmes.

Copyright

Our team regularly advises producers, talents and their agents regarding the collection and payment of royalties. The firm’s clients enjoy the team’s copyright expertise as well as its in-depth knowledge of European copyright legislation thanks to its close ties with the Brussels office.

Literary and artistic property rights

Gide quickly established itself as a recognised partner for publishers, radio and television companies in negotiations, mediation and disputes involving the application of literary and artistic property rights. The IP-TMT team also made a name for itself in the context of licence agreements for the broadcasting of works, the collection of statutory licences, royalty rights, and the scales applicable in terms of fair remuneration paid to the allocation companies or the collective management companies regarding the broadcasting or recording of music and video works.

Press and advertising law

For several years now, our Media team has been regularly advising or defending companies in libel and invasion of privacy proceedings. Our team is particularly renowned in the fields of advertising and sponsorship law, and in law applicable to sports events.

Experience includes:

• Conducting a study for the European Commission on the harmonisation of European legislation to combat Internet counterfeiting and piracy
   
• Advising the largest US majors to help distribute and broadcast their rights in France and in Europe
   
• Assisting French and foreign major radio and television broadcasting operators, as well as communication groups, on issues regarding all types of works (literary, graphical, musical, architectural, etc.), in both conventional and digital environments, and on issues regarding the marketing of music online and the distribution of works online
   
• Advising Radio and TV broadcasters on developing their DTT broadcasting on French digital terrestrial networks
   
• Assisting a leading foundation in the context of pre-action claims and copyright negotiations regarding the running of a photographs database
   
• Representing talents and international agencies in negotiations or disputes with copyright collection agencies and the payment of payment of fees in respect of copyright and related rights

Gide Loyrette Nouel A.A.R.P.I. represents leading TV broadcasters, radio stations, and has also been retained by the French Ministry of Culture on several matters. Notably, the practice obtained the enforcement of neighbouring rights on press content from the FCA against Google, on behalf of the Agence France Presse. In addition to this more traditional work, the department is also increasingly involved in matters related to the processing of personal data, as  well as blockchain, AI, and programmatic advertising which are becoming more significant for media operators. As part of an international firm offering, the practice is also well placed to advise foreign entities on their operations in France, including film financing and production issues. Olivier Cousi and counsel Julien Guinot-Deléry are the practice heads.

Legal 500 EMEA 2021