Introduction

In India, the films are not looked upon just as entertainment. They're a way of life. 

-Shah Rukh Khan

Indian media and entertainment (M&E) industry is expected to grow at a CAGR of 13.10 per cent to touch Rs 2,660.20 billion (US$ 39.68 billion) by the financial year 2022-23, from Rs 1,436.00 billion (US$ 22.28 billion) in the financial year  2017-18. 

Progressive liberalization of Foreign Direct Investment (FDI) norms and the large size of the Indian market has led to significant investment in various kinds of content-based technology apps. 

As an indicator, FDI inflows in the sector were USD 8 billion in the financial year 2017-2018.

Domestic companies are scaling up by raising foreign capital or by entering into joint venture arrangements with leading global players. 

In the past few years, the introduction of digital content apps on the internet further altered the face of the entertainment industry. Subscription-based entertainment and media apps have added a new dimension to the industry.

Media companies have realized that licensing content from the large production houses and studios is not enough - they need to create original content.

It led to the race for owning and streaming the greatest volume of original and exclusive content.

In 2019, The streaming giant Netflix released just over one new title every day on average. 371 new T.V shows or movies were released in 2019, which amounted to a 54.6% increase from the previous year. (See here) 

Netflix is not the only player in the market - it has many other competitors, such as Amazon Prime Video, Hotstar, Voot and new entrants such as Disney+ and Apple TV+, which means there is more original content being created globally. This content is in addition to all the content that was already being created by production houses for satellite television and cinema prior to the global spread of digital music and video.  

Media and entertainment work is not the same as it was in the era of cable TV, or at the time of the internet, when Napster and other P2P sites and torrents were ruining the market owing to piracy. 

Separately, a new game is being played out for dominance in the regional content space. The market dynamics in this space are very different from the Hindi and English markets in which global players such as Netflix or Amazon Prime are currently operating.    

Apart from its high population, which makes India an attractive market for global players is that its media consumption is nine times that of the US and twice that of China. 

These developments have led to the creation of an enormous amount of contracts and licensing work.  

India is also one of the highest spending and fastest-growing advertising markets. India’s advertising revenue is projected to reach Rs 1,232.70 billion (US$ 18.39 billion) in FY23 from Rs 608.30 billion (US$ 9.44 billion) in FY18. 

Celebrity endorsements form an important component of advertising. This space is heating up. Talent management agencies are flourishing in this environment, managing different kinds of rights of celebrities with brands.   

India's online gaming industry is also expected to grow at a CAGR of 22 per cent between FY18-23 to reach Rs 11,900 crore (US$ 1.68 billion) in FY23.

The entire industry is dependent on content, and acquisition and production of content today requires the execution of various kinds of contracts, so there is a lot of legal work being generated by the industry, which is primarily related to drafting contracts around licensing and for different kinds of services. 

Apart from contract drafting work, from time to time, there is regulatory workaround compliance as well. For example, the release of a print newspaper or print journal, a movie released in a cinema theatre or the airing of a TV programme needs to be compliant with specific regulations applicable in this industry. 

These compliance activities may involve filing certain forms with statutory authorities, but prior to that, there are multiple stages of internal review within the organization itself. In-house media and entertainment lawyers (and sometimes external lawyers) are involved in these stages of review.     

Occasionally, disputes-related workaround intellectual property infringement, breach of a license contract, defamation or comparative advertisement issues or challenges of a regulatory action also arise.   

Unlike an M&A or capital markets practice of a law firm, the dimensions of a media law practice are still evolving in India. As the industry grows, young lawyers who start out early in this area will stand to benefit. 

Do you want to work for media companies, production houses, large distributors, digital media businesses?

Remember that to build a career in this area; lawyers need to learn about the type of work that is performed for clients in these practice areas and how to do such work. 

For example, which are the contracts that Netflix or Disney would be entering into on a day-to-day basis? 

Which contracts were required to be executed before Game of Thrones or Sacred Games could be filmed and then aired?  

How did J.K. Rowling or George R. R. Martin assign rights for Harry Potter and Game of Thrones movie and TV adaptations, respectively? 

How does music-related licensing take place? How do digital music companies such as Spotify, Wynk and JioSaavn acquire music to expand their collection? How are royalties to the record labels structured? How does a producer get to use someone else’s song in their movie?

To what degree can a digital app compare competitor’s products in advertisements to demonstrate the superiority of its app?

What role do copyright societies play in adding revenue to performers and composers for public usage of music created by them?

What should be done if the CBFC refuses to grant a specific kind of certificate to a movie, drastically reducing the audience that can watch it in movie theatres and thus eroding box office revenue predictions? 

How does Byju’s engage Shahrukh Khan for endorsing its products? How are these contracts structured, negotiated and drafted? 

How are the contracts and IP rights for toys based on Marvel characters (or Chhota Bheem-related merchandize) structured? How does legal drafting reflect the economic understanding and flow of IP rights? 

Those who work in this area execute about anywhere between 5 - 15 contracts everyday around these areas. This is their bread and butter.

Law school syllabi do not focus in-depth on these aspects of copyright and its application to contracts in the media and entertainment contracts and licensing. 

Even leading textbooks on media law that are available in the market are also based on a pre-2012 era. They primarily focus on the applicable statutes for print media, cable television, defamation and constitutional law around free speech alone, without coverage of daily work performed by lawyers in this area.

The largest segment of media-related legal work is performed by in-house counsels who are working at technology companies, production companies or media houses, and also at law firms that have media and entertainment laws or technology, media and telecom (TMT) practice.

Daily work in the industry primarily involves drafting, vetting and negotiation various kinds of media contracts. Specialized applications of copyright law are involved too. 

Excellence in this work requires a lawyer to have a sector-specific understanding of the commercial intent for different kinds of deals in the media and entertainment sector. 

General contract drafting skills alone are not sufficient.   

For example, music licensing contracts are different from agreements to create a movie based on a bestseller or the rights release contract of a model. These agreements are, in turn different from movie distribution agreements. 

Without understanding these subtle differences and practising how to apply these aspects to real contracts, one cannot demonstrate that one has the skill-sets necessary to work in this area to potential clients and recruiters.  

If you are a young lawyer looking to identify emerging areas that would be extremely lucrative in the coming years, working on media and entertainment contracts and licensing could be one of them. 

This course covers unique laws regulating different forms of media, intellectual property and other legal issues pertaining to the media and entertainment industry. 

After pursuing the course, you will be able to work as an in-house counsel in a company working in this sector, in an intellectual property law firm, a boutique media and entertainment law firm or in the technology, media and telecom laws practice of a law firm. 

As you understand the contracts intricately, you will have a distinct advantage while performing litigation work as well.

Who should take this course?

• Aspiring lawyers: If you're a young lawyer looking to become an in-house counsel for companies in media, entertainment, or related fields like movie production, music labels, tech apps, or FMCG, this course is perfect for you.
• Legal professionals: Whether you aim to work in a law firm specializing in Technology, Media, and Telecom (TMT) or a boutique media and entertainment firm, this course will equip you with valuable knowledge.
• Independent lawyers: If you're an independent practitioner wanting to excel in contract drafting within the media and entertainment industry, this course is tailored to enhance your skills.
• Litigators: If you're a litigator interested in handling disputes or transactions in the media and entertainment world more effectively, this course will provide you with essential insights.
• Law students: Whether you're a law student with aspirations to become an in-house counsel at media and entertainment companies or want to join a law firm with a TMT practice, this course can pave your way to success.
• Industry professionals: Executives and decision-makers in media and entertainment companies will find this course beneficial in understanding legal aspects crucial to their businesses.
• Creative professionals: Even music and movie directors, as well as artists, can benefit from this course by gaining valuable knowledge about contracts, licensing, and regulations in the industry.

In summary, this course is designed to empower a wide range of individuals, from aspiring lawyers to industry professionals, with the legal expertise necessary to thrive in the dynamic world of media and entertainment.

What will you learn from this course?

• Get exposure to end-to-end contract drafting and licensing work in connection with the creation and distribution of movies, music over different kinds of media 
• Learn about product-placement related work, character merchandising and personality exploitation rights 
• Learn how to customize copyright license clauses in different contracts to optimize monetization of intellectual property depending on the goals of your organization or your client 
• Learn how to impose limitations on exploitation through restricting territorial exploitation, language or the mediums of delivery of the film or music 
• Learn about the commercial interests of all parties and how the financial and commercial understanding gets factored into contracts
• Learn how to represent a client’s interests if you are acting for a record label or large production house, or for a director, actor, musician, author or other independent artist
• Develop comprehensive familiarity with the regulatory framework and compliance requirements in respect of print media, digital media, News, FM Radio and advertisements 
• Learn about the most common types of media-related disputes and remedies sought in such situations

Training Methodology

Online 24/7 access

Access study materials via our online portal & via our anroid & iOS apps.

Hard Copy Study Material

You will receive hard copy study material delivered to your address.

Practical Exercises

Two practical exercises every week, each followed by written feedback.

Live Online Classes

Live online classes based on exercises, allowing questions and feedback.

Convenient Class timings

Classes held after work hours, typically on Sundays or after 8 PM on weekdays.

Live Doubt Clearing

Live doubt clearing for support and one-on-one sessions with mentors.

What is the career potential after doing this course?

• Media and entertainment companies are building up their in-house teams continuously to handle a large volume of legal work as they expand their content repertoire through original content creation and licensing of existing content. This is the largest opportunity.  
• Established TV channels and production houses are setting up their proprietary digital apps to stream existing video and new kinds of audio and video content. They require a legal team to lead, manage and execute contracts for this work on a daily basis. 
• Technology companies which are in the business of content production and acquisition, such as Netflix, JioSaavn, Hotstar, etc. are expanding their in-house legal teams. As their businesses are content-based, significant contractual documentation work in respect of intellectual property rights creation and exploitation exists.
• New businesses which intend to create video apps for regional content are also entering the space as they identify a vacuum in this market and a scope for growth, and they have similar legal needs as the established players. This is a great career opportunity to tap for young lawyers.  
• Boutique media and entertainment law firms (especially in Mumbai) and mid-sized IP law firms (ranging between 50-200 lawyers) want to hire people who are trained in this work. 
• In addition, there are also opportunities for doing freelance work for artists, individual creative professionals and talent management agencies.
• If you want to pick up some expertise and knowledge on media and entertainment laws, this is a great time. The market is not saturated and very few lawyers have comprehensive knowledge of these laws. It will definitely go a long way to make your CV stand out, impress the interviewer, get the next promotion, or even help you to find a break to start your own practice.

Potential employers

• Media and entertainment law firms, 
• Boutique practices of TMT firms
• Media and entertainment companies, 
• TV channels, newspapers, 
• Social media companies, 
• Entities focussing on digital media content, 
• Media-related technology companies, 
• Production houses, 
• Music companies, 
• Advertising agencies, 
• Heavy advertisers (e.g. FMCG), 
• Independent litigators

What kind of recruitment and placement support will I get?

• Unique Training Method: We're the sole organization in India offering comprehensive, exercise-based courses.
• Employer Recognition: Many leading employers, law firms, and companies actively seek our high-performing students.
• Career Opportunities: Success in our courses can lead to job placements, internships, and assessment internships in esteemed law firms, with renowned lawyers, and various companies.
• Empowering Learners: We focus on empowering learners with not just knowledge and skills, but also real-world opportunities.
• Dedicated Support Team: Our dedicated team is here to assist you with placements, internships, and freelance opportunities.
• Proven Success: Between April 2021 and June 2023, we've helped over 21,000 students secure job and internship opportunities.
• Media Recognition: Our achievements have been featured in respected media outlets like The Hindu, Business World, and India Education Diary.
• Impressive Value: Our students have secured over Rs. 2.7 Crore (USD 330,000) worth of work, with records of INR 30 LPA (USD 37,500) domestically and INR 50 LPA (USD 62,500) internationally.
• Comprehensive Support: From day one, our placement team guides you in setting goals, crafting standout CVs, enhancing interview skills, and supporting your critical first month on the job or during an internship.
• Trusted Recruiters: We've built strong collaborations with recruiters who prefer hiring our well-trained students.
• Competitive Edge: Partnering with us gives you an edge in the job market and opens doors to exciting career prospects.

What is unique about this course?

• The course is not limited to a provision-by-provision study of some statutes and associated case laws alone.
• The course trains you on different kinds of actual work that is required to be performed by lawyers and other professionals. After finishing the course, you will know as much practical knowledge as a lawyer working at a big law firm in these teams or an in-house counsel will know after a year or two of experience. 
• It is not a mere theoretical study, but hands-on practical lessons where you will have to draft a lot of documents.
• After completing the course, you will be able to perform various tasks that fall in the domain of media, entertainment and intellectual property laws and be at ease with different aspects of trademarks, copyrights and patents. 
• You cannot learn these things by studying any particular laws, regulations or rules, and there are no adequate books that can help you here. Success in media and entertainment law practice require skills which are more varied than merely knowing the provisions of various statutes.
• Good communication skills are a rarity - even experienced lawyers can have difficulty in using the right kind of language for different methods of communication and this course will provide a structured training for communication modes which are in use in the current times.
• Often lawyers struggle with documentation management for their clients because of lack of time to organise and store these at the right place. This is something that a paralegal can take care of, very well.
• This course aims to impart a wide range of corporate and technology law  compliance skills to students as well as to law graduates to work using online mediums  which would enable them to take up remote freelance work directly or through various freelancing websites on the internet and will instil in them the required confidence to generate global clientele over the internet.
• Litigators in the US can often need the help of paralegals for completing routine forms. If you know exactly how to complete which form, it can fetch you a lot of freelance assignments. This is a very high value skill being taught by this course.
• Even experienced lawyers struggle with maintaining their presence on social media because of lack of time. This course helps to provide this highly in demand skill.
• The course is tough and intensive, you will not be awarded the certificate unless you complete the required number of assignments. You will have to invest 5-6 hours per week in developing your skills, in addition to the classes on this course.
• This is an intensive course that demands your commitment. Successful completion of required assignments is necessary to earn the certificate. You should plan to invest 4-5 hours per week in skill development, along with attending classes.
• Our expert instructors will lead interactive classes with high-quality discussions. These discussions will not only clarify your doubts during classes but also outside through course groups and email.
• You'll receive personalized attention and coaching from assigned trainers. Additionally, a dedicated course anchor will assist you with submissions, guidance, and any issues you encounter as you progress through the course.
• Expect detailed feedback on your assignments, which will greatly enhance your performance.
• For doubt clarification, you'll have access to mechanisms beyond online classes, like a discussion forum where queries receive responses within 48 hours. A WhatsApp group will connect you with peers, batchmates, the course anchor, evaluator, and LawSikho's support team.
• Throughout the course, you'll develop your writing skills through six assignments. Exceptional pieces may even be published on the iPleaders blog, which attracts over a million monthly visitors. This opportunity can significantly boost your portfolio.

What kind of assignments will you get?

• A South Indian producer wants to get into an agreement with a film distributor and a producer for exploitation of the Hindi version of his film. Advise him and draft the relevant agreement(s) between the parties. 
• Production Company A is producing a web series. The budget for the web series being low, they cannot invest extensively in original music. In episode 3 of their web series, they want to use the original version of the song 'Neela Aasmaan so gaya', as sung and recorded by Lata Mangeshkar and used in the film 'Silsila' in 1964. In episode 6 of the web series, they want to use Beethoven’s “Moonlight Sonata”. Company A has approached you for advice.
• R Entertainment is engaged in the business of producing and distributing cinematograph films and web shows. Currently, they are producing a film tentatively titled ‘Hindi Medium’ that is scheduled to be released in June, 2021. As an in-house lawyer for R Entertainment, advise them regarding the different kinds of exploitation agreements that R Entertainment could enter into and draft the key clauses of these agreements. 
• A production house is in the process of creating a web series and delivering it to their digital partner. The producer has provided digital partners the first cut of episode 1 of season 1 of the show, and the partner now has to review the content and raise concerns, if any, with respect to their compliance regulations. Having watched the episode (which included violence, nudity, animal cruelty as well as smoking), point out the instances that the digital partner should seek clarification for. Consequently, explain how the producer should respond to such issues raised by the partner. Additionally, list down the general concerns (especially with respect to regulations, authorizations and statutory compliances in India), if any, that the partner should seek clarification on. 
• A Production House is producing a Web Series and wants to portray luxury cars in various scenes therein. They have approached a luxury car manufacturer with a deal for such integration. How will you capture the understanding between the parties in this agreement? 
• A producer is in the process of making a film which is nearing completion. He now intends to initiate paperwork for the distribution of theatrical rights of the film in India as well as overseas. For the purposes thereof, he is desirous of entering into an agreement with a distributor for transferring the theatrical exploitation rights of the film. Draft the relevant agreement between the parties. 
• An educational technology and online tutoring platform, is in the process of developing content for their guidebooks and reading materials. They intend to incorporate some content, already printed and published in educational books belonging to various different publishers, in their reading materials in order to make the materials as comprehensive as possible and also make available PDFs of such materials on their platform. They need to understand if any licenses would be required to be sought from the publishers or could they use the content without acquiring any permissions. They have approached you for a legal opinion on the matter. 
• A production house has developed the script of a film and have approached you to read the script and make the producers aware of any clearances required according to the Indian laws. Provide your opinion to the producers. 
• A novice writer wrote his first book titled “A tryst with Fate”. The book is a fictional piece of work entailing the journey of a man and his tales as a famous surgeon. He gave a copy of the book to Mr. David, the editor of a publishing house, Kangaroo Books Inc., for publication. Mr. David has read the book and liked it. While the idea behind the story was not new, the manner of vivid narration and the plot of the novel was absolutely gripping and he wanted his company to publish this book. Having done his diligence and having found that the book written is original and not plagiarised, Mr. David wants to enter into a book publishing Agreement with the writer to be able to publish the book in print as well as digital formats. Draft a book publishing agreement between the parties.
• Digiform is a leading platform for digital exploitation of rights arising and accruing from audio-visual content. They have their headquarters in LA but function across multiple territories. They have recently created an Indian subsidiary and have started developing original Indian content. They are also considering investing in acquiring more original Indian content for future exploitation. In pursuance thereof, they have approached Sharma Entertainment for creation and development of content. Advise Sharma Entertainment on the principal understanding between the parties, the rights involved, the exercise of creative control over the content, grounds and consequences of termination etc. 
• Production House R Films is releasing a film and wants to distribute the music of the film to its music partner for commercial exploitation. Advise R Films on the kind of agreement needed to be interred into, the rights to be assigned to the other party, possible structures of consideration, grounds and consequences of termination, etc.

How will you clear my doubts and help me if I am struggling to understand or learn a concept?

• In our live classes, you can ask questions, share your screen, receive personal feedback, and have your doubts cleared.
• If you need more help after getting feedback on an assignment or want career advice, you can schedule a private one-on-one call. Our evaluators and mentors are here to assist you and give you advice that's tailored to your needs.

Money back guarantee

If you take this course, follow it diligently for a month, do all the exercises but still do not find value in it, or not able to understand or follow it or not find it good for any reason, we will refund the entire course fee to you. It is a 100% money-back guarantee with only one condition, you must pursue it properly for a month. If you don’t find it valuable after that, get your entire money back. How to get a refund?

Your success and satisfaction are our top priorities!

View Refund Policy

Certification

This course is recognized by the National Skill Development Corporation, a PPP under the Ministry of Skill Development and Entrepreneurship of the Government of India. You will receive a certificate cobranded by NSDC and Skill India on successful completion.

This is how the certificate from NSDC and Skill India will look as per the current applicable format (may change as per the approval authorities):

Specific Learning Objectives

• Learn how to execute legal documentation on behalf of the producers and the actor to involve the actor in a film /show
• Structure contracts for product placement of a brand’s products/ services within a film/ TV-series  
• Facilitate monetization of intellectual property in fictitious work through character merchandising agreements   
• Work with music labels and film producers to legally manage distribution of music rights
• Work on film distribution arrangements for release of a movie in cinemas
• Perform licensing work necessary to stream movies and TV shows on over-the-top (OTT) platforms  
• Work on movie distribution agreements for satellite broadcast of movies on TV channels
• Perform contractual and IP work required for promotions and digital marketing for various kinds of production houses, ad agencies and platforms
• Enable authors and production houses to optimize monetization by creation of movies based on bestseller books
• Fine-tune commercial clauses and royalties in transactions with music labels, music composers, singers etc
• Work in the celebrity advertising and endorsement space by mastering the documentation executed between a celebrity, talent management agency and brands. 
• Perform end-to-end legal work for organization of live concerts and major events 
• Work on acquisition of content by one production house from another 
• Draft work for hire agreements to engage music composers, arrangers, script writers and other parties for creation of music or movie/ TV show scripts
• Facilitate recording of changes in commercial understanding or renegotiation of transactions through execution of addendums and novation agreements 
• Perform compliance and diligence-related work for apps which intend to launch web series 
• Draft agreements for commercial advertisements and sponsorship with ease
• Strategize compliance-related disputes with respect to film content
• Perform compliance and diligence-related work for TV programmes and strategize disputes
• Get a better understanding of copyright concepts that come handy in media related transactions such as fair use, personality rights and character rights.

List of Weekly Exercises

• Draft an Artist Agreement between the producer and an artist engaging the artist for his services for a film/ show 
• Draft a Celebrity Endorsement Agreement between a brand and a celebrity’s Talent Management Agency engaging the celebrity in endorsing certain product/s of the brand such as Deepika Padukone endorsing TISSOT 
• In-film/show integration/ Co-branding Agreement between the producer of a film/show and a brand entitling the producer to place the brand in scene/s as a means to co-branding the product in the film/ show such as Aston Martin cars in Bond movies. 
• Draft copyright assignment agreements or agreements on character rights licensed by the producers/ creators  
• Distribution of music rights/ Music synchronization licensing agreement
• Draft an agreement between producer and an acquirer entitling the acquirer (e.g. a TV channel) to acquire and exploit commercial rights in films
• Draft a theatrical distribution agreement for distribution of a movie in movie theatres
• Draft an Online Subscribed Video on Demand (SVoD) distribution agreement between the producer and OTT platform such as Netflix, Hotstar or Amazon Prime entitling the OTT platform to stream the film/show 
• Draft a Satellite Distribution Agreement between the producer and a satellite channel such as Sony, Zee Cinema etc. entitling the satellite channel to distribute the film/ show through satellite television or web channels
• Draft a Digital Marketing Agreement between the producer/ creator and an agency/ other for the purpose of designing, development and hosting of the official website, pay-per-click advertisement management, social media campaign (such as Facebook, Instagram, LinkedIN etc.)
• Draft a writer’s agreement to create a story or a script-writer’s agreement to create a script for a movie 
• Draft a music composer's agreement with producer or music label with a musician
• Draft, review and negotiate an agreement between an Artist and a Talent Management Agency
• Celebrity Event Management Agreement between the celebrities and agencies to organise, conduct and host shows/ live-in concerts/ premiers/ launching events etc. 
• Draft an agreement for buying back licensed rights by a production house from another producer or in other appropriate situations
• Draft a book-option agreement for granting rights to create a movie based on a book
• Draft a work for hire agreement to engage a music composers, arrangers, script writers and other parties for creation of music or movie/ TV show scripts
• Draft an Addendum and Novation Agreement to modify any of the above agreements in case of a modification in commercial understanding or to replace a party
• Draft an agreement for the exploitation of rights in future works
• Prepare a checklist/ due-diligence report regarding  compliances for web-series
• Plan a strategy to address compliance-related disputes for a film
• Prepare a checklist/ due- diligence report with respect to regulatory compliance for TV programmes and relevant dispute related strategies
• Execise on Agreements related to exploitation of rights in original audio-visual content
• Exercise on In-Film Placement 
• Exercises on acquisition of rights in a film
• Exercise on Line Production Agreement
• Exercise on Agreements related to exploitation of rights associated with fictional characters/individuals
• Exercises on overseas distribution of rights
• Exercises on general understanding of rights associated with audio-visual content and their theatrical and non-theatrical exploitation and revenue generation therefrom
• Exercises on Drafting Agreements for Exploitation of Digital rights
• Exercises on non-theatrical exploitation of third-party content 
• Exercises on Development of original digital content and exploitation thereof
• Exercises on Showrunner Agreements
• Exercises on Agreement for isolated events associated with celebrity services
• Exercises on Compliances with respect to audio-visual content on digital platforms
• Exercises on Fair use under the copyright law 
• Exercises on Personality rights