fields of specialization
We have many years of experience in advising national and international media companies and retail platforms. For many years, we have advised on all legal and operational issues relating to broadcasting (free TV, pay, TV and transaction), the digital fragmentation of media, multi- and omnichannel platforms and the associated processes and media use as well as the transfer of media into new distribution and business models. We are familiar with new forms of distribution such as social shopping, influencer marketing, platform development along with, for example, corresponding general terms and conditions or data protection.
We see our special expertise in the following areas
Modern, digital media and platforms offer a wide range of new business areas and opportunities, but also legal pitfalls that need to be considered. One of the first considerations is certainly "Do my actions create my own rights or do I infringe on the rights of third parties, and how can I make my activities legally secure through contracts or licenses?"
In the constantly changing digital media and their forms of use, this includes the following technical possibilities:
Internet platforms, social media (e.g. Facebook LinkedIn, Twitter/X etc.), AI and AI, Internet and IT law, interactive TV, second screen, VoD, linear TV, mobile TV, m-commerce, e-commerce.
The areas of law initially affected include
Copyright, intellectual property, media law and competition law
This results, for example, in the need to draw up or review license agreements, platform agreements, trademark rights, title protection, production agreements, TV broadcasting agreements and much more.
However, some activities may require licenses, such as broadcasting licenses, or the acquisition of rights from so-called collecting societies (e.g. GEMA).
Supposedly simple and common business practices such as influencer marketing can be relevant facts in terms of broadcasting law, advertising law and even the law on advertising for therapeutic products, require the acquisition of licenses via collecting societies and give rise to a notification and obligation to pay contributions to the artists' social security fund.
In particular, if not only digital services and products, but also physical items are to be exchanged, sold and shipped as classic merchandise, it is necessary to deal with the legal aspects of
Trading platforms and companies
The aforementioned DSA in particular has tightened liability for third-party content. This once again underlines the need to protect yourself against legal infringements by third parties that can be attributed to you, e.g. through contractual provisions such as declarations of indemnity.
Cross-border constellations are very common here. It is advisable to structure these scenarios, if possible, e.g. with choice of court and choice of law clauses.
Links
Contact us
- Maximillianstrasse 7B
- D-82319 Starnberg
- T +49 8151 55 66 480
- office@oc-legal.de