Copyright © Media Law International 2020. All Rights Reserved.
Specialist Guide to the
Global Leaders in Media Law Practice
Legislation and digitisation have been Denmark’s core focus areas over the
past year as the country prepares for changes to rules on privacy, defamation and copyright.
The controversial new EU Copyright Directive was approved by parliament in September 2018 and is expected to conclude in the course of 2019
Mogens Dyhr Vestergaard, Partner at Bird & Bird, commented: “In terms of new legislative developments, the focus is on what happens in Brussels, where various legislative measures capable of impacting the media and entertainment sectors are in the making.”
He continued: “Such measures include a new directive on Copyright in the Digital Single Market, a proposed European Electronic Communications Code as well as the adoption of a revised Audiovisual Media Services Directive.”
Other developments include consolidation as mergers continue to influence market activity. Denmark’s broadcasters DR2 and DRK will merge to from one television station. In September 2018, TV2 reported the deal that is part of measures to reduce total spend by 20 per cent between 2019 and 2023.
As part of DR’s downsizing, DR3 and DR Ultra will be reduced to streaming services by 2020.
Martin Dahl Pedersen, Partner at Kromann Reumert, said: “We still see movement away from flow TV into streaming with different copyright questions at stake.”
Mr Pedersen added: “The providers of streaming services and the rightsholders are in different disputes on the right level of copyright royalties.”
Digitalisation continues to be a “hot topic”, say lawyers, who highlight sports as an important segment as premium sports rights become increasingly important in Denmark.
Mr Pedersen commented: “This applies to eSports of course, which is really getting big here but also for the collection of personal data of athletes when they perform their sports, for example physical and health data.”
Mr Dyhr Vestergaard summarises the most significant trends over the past year by stating: “Among the players within the industry, the overall trend is the ongoing attempts to transform and adapt their businesses to meet the demands of the ever developing changes in technology and demands of the consumers.”
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. Working with Linnea Clara Klingberg-Jensen, head of the media law division Martin Dahl Pedersen advised on the media’s right to protect sources. The team also advised on an arbitration case against the Danish Association of Football Clubs.
Media law specialist Lassen Ricard acts for broadcasters and entertainment companies in a multitude of cases. Led by managing partner Peter Lambert, the team advises television and radio operators on distribution and retransmission of content, copyright and marketing. Terese Foged has 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.
Bech-Bruun’s media focus includes music games, marketing and publishing. The media and entertainment practice is managed by Peer B. Petersen and has a particular emphasis on commercial matters and competition issues. The team advises on film, television advertisements, sport and sponsor agreements as well as press law.
The media team at Bruun & Hjejle has broad experience representing media companies and individuals in defamation and privacy cases. Morten Stadil and Olaf Koktvedgaard are the firm’s primary contacts who 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.
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. Joint heads Martin André Dittmer and Lasse Arffmann Søndergaard Christensen lead the media team in its advice 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”.
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 team advises on complex cases relating to the new distribution forms of music, film and television on all platforms. Heidi Steen Jensen is among key practitioners, as is Hans Abildstrøm, and specialises in gaming.
Nielsen Nørager focusses on entertainment. Lawyers advise on agreements for production, financing of films and on disputes relating to film rights. The practice group, managed by Henrik Peytz, has considerable experience acting for clients from the radio, television and telecommunications sectors. The team also specialises in competition law.
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. Department head Peter Lind Nielsen leads the media group, 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 Christian Scherfig for his “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.”
Pernille Nørkær manages the media division which 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.
NJORD Law Firm is building a leading position as local media expert with a global portfolio that includes entertainment and sports clients. Led by Jeppe Brogaard Clausen, the 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.
Delacour has a media, gambling and sports focus. The firm is appointed by small and large gambling operators for advice on legislation and compliance. Bo Vadt Christensen handles all sports law matters including drafting and negotiating contracts and lease agreements. Entertainment-related aspects of work are handled by Morten Bruus, who also advises on copyright, music publishing, films and games and on marketing and libel law.
Nikolaj Linneballe leads the media team, which also works on cases involving intellectual property, contracts and corporate transactions.
RANKING AND EDITORIALS
Bruun & Hjejle
Bird & Bird
NJORD Law Firm
Jon Palle Buhl
Kammeradvokaten/ Poul Schmith
Løje, Arnesen & Meedom