Introduction

Entertainment law provides for the legal services and remedies relating to the entertainment industry. As a legal professional in Entertainment law, one would be dealing with works relating to employment law, contracts, torts, labor law, bankruptcy law, immigration, securities law, security interests, agency, criminal law, and many others. The aspects of Intellectual Property Rights greatly overlap on Entertainment law and thus, the entertainment and media law is a legal field that shares an interface to broadcasting, advertising, trademarks, copyrights, internet, privacy, designs, censorship, etc.

The Media and Entertainment industry is always inflicted to the scrutiny as it is exposed to the public. Amidst the glitz and charisma that we as the audience get to watch in the media and entertainment industry, there is constantly something or the other happening in the industry relating to some kind of legal drama which causes mass gossip. This is the main reason why the IP, Media, and Entertainment industry has arisen today as a significant career prospect, for lawyers and IP professionals.

“According to a report by EY and FICCI (Federation of Indian Chambers of Commerce and Industry), ‘A billion screens of opportunity’, the media and entertainment sector is poised to cross $33.6 billion by 2021 at a compounded annual growth rate of 11.6%. The sector was worth $23.9 billion in 2018, growing 13.4% from 2017”.

Ashish Pherwani, who is a partner and media & entertainment leader at EY India, said “There is a large shift in consumer behavior from mass-produced content to specific content defined to audience segments. The sector has an opportunity to serve a billion screens in India and globally”. The media & entertainment industry is currently growing at a rapid rate and is expected to grow even further in the coming future. By establishing and lowering the barriers for foreign investments in some particular key areas of this industry, together with the current relaxation criteria for the broadcasting sector (DTH, cable networks, etc.); the Government of India has supported the sector with the required stimulants and catalysts for growth. The most notable features of the industry have had remarkable growth and the usage of the latest technology to stay updated. Technology has been expanded to all stages of production, digitization, and worldwide integration of content. The sector has developed itself quite consistently and is still rising to miraculous heights even today.

This provides for an increasing requirement for Media & Entertainment lawyers and firms. With the growing expansion of this industry, regulatory issues, compliance policies, legal issues, information governance, IP issues, etc. are rising. Regulating issues out of this industry is of the utmost need. With the increase in the adoption of technology in this industry, various issues arise from them which harm the capitals and revenues which people earn out of working in this industry. Piracy, the inadequacy of uniform media policy for foreign investment, and content regulation are a few others. Advocates and firms in India work towards providing remedies and representing their respective clients whenever such issues arise out of this industry.

The benefits of a career in media law are very localized and contemporary. As the world advances ahead alongside the development of media, one can always hope to see the things you work for in the news channels and all around you, on billboards to posters on shops, and even on the internet. It is important to note that because the scope of media is steadily changing, the law that comes along with it is constantly being developed as well.

• You’ll be at the frontline of state of the art media law as an advocate in the entertainment industry. Also, it’s possible that even as a fresher you’ll be getting the opportunity to meet with clients at the earliest stages (under the leadership of senior lawyers).

• The industry is very young and versatile so you’ll have the scope to work with new/fresher clients who have joined the industry in the recent past and deal with the legal side as they slowly begin growing here.

• This field gives you an opportunity to be part of the razzle-dazzle and Bollywood which you have been watching on your TV ever since you were a kid. It’s a dream come true.

• However, one downfall of media law is that the entertainment world never sleeps, they keep on working 24×7. Associates and partners are frequently ‘on-call’ outside of office hours to react and clarify to queries from clients.

• On the hopeful side, it’s highly unlikely that these will include staying late at the office unless you’re a barrister working on indispensable solicitations for injunctions.

The industry makes use of many different fields of practice & demands the advocates to have unexclusive knowledge about various legal subjects and departments. They are also admirably familiar with the multiple departments of the entertainment industry, although, most of them choose to work in the most particular department i.e., film or music. Entertainment lawyers mostly practice in either litigation or transactional law. Transactional advocates concentrate on essential settlements, negotiations, and contracts. The work for these advocates mainly revolves around drafting contracts for clients, making sure agreements are decorated, and making transactions of business deals with clients. Lawyers, who work on the litigation, are more centered on repelling in and all kinds of danger that come out of lawsuits for their clients. Along with representing their clients, they pursue lawsuits on behalf of their clients, securing agreements & contracts and conferring business deals with clients.

Many top tier law firms in India specifically handle cases on Media & Entertainment Law. These are namely Nisith Desai Associates, J Sagar Associates, DSK Legal, etc. They have unique and dedicated teams to handle issues pertaining to media and entertainment law. There are some Boutique law firms in India such as Naik Naik & Co., Banana IP, Phoenix Legal, etc. which broadly deal with Media and Entertainment Law. All agreements and contracts that are related to films and movies like commercial deals, protection of intellectual property, celebrity contracts, etc are all done with the suggestions & recommendation of entertainment lawyers. Other areas of work include publishing of books, licensing & distribution of music albums, anti-piracy, intellectual property infringements, etc.

Many Media & Entertainment companies such as Viacom, Yash Raj Films, T-series, Eros, etc have their own legal divisions that work along the side with business teams to devise and mediate contracts, oversee and promote talent, prosecute and protect their intellectual properties. These houses coordinate with law firms and lawyers so as to understand the contractual and legal necessities from a business point of view.

The world of media is ever-changing and glamorous. The effect of media in this world is strong enough to not just entice and persuade the younger generation, but also to create a massive pandemonium around the country in case of discontentment. The industry is vastly monied, highly divided, and exceedingly assorted. There is a lot of investment done for this industry, and this constant investment demands a constantly developing legal foundation so as to preserve & protect peace and order. If studying about the media, debating about freedom of speech and expression & working with top-level firms to get the opportunity to work with your favorite actors is your dream, then Entertainment & Media law is definitely the career for you. 

Suggestive Remarks

The author believes that working for the media and entertainment industry is quite beneficial to one’s career as in today’s dates, it is one of those fields in law which are developing a large scope in India and creating major prospects for lawyers and law graduates to attract them towards this industry.

• This field of law provides a lot of chances and opportunities to work with people on the big screen. It’s a dream come true, but to be able to work in this industry, one must have the sheer determination and focus to make themselves able to cope with this industry.

• As mentioned above, this industry never sleeps, lawyers have to constantly be on-call with their clients even on weekends and after work, hours to make sure that they clarify and give suggestions regarding the legal aspects of their works. A student who has the ambition to make a career in this industry must also acquire certain important skills that he/she will need for contributing to building a career in this field.

• These include learning various media and entertainment laws, gaining practical knowledge, have massive networking and building contacts, having the right kind of specialization, and most importantly, have the creativity to find solutions for your clients.

The stakes are high, but with the right kind of effort and determination, your quest to achieve great heights in this industry would be a smooth road.

-Anish Mahapatra,

KIIT School of Law