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Specialist Guide to the
Global Leaders in Media Law Practice
Spain’s market regulator announced
plans to review the country’s audiovisual law to adapt it to ‘highly changing market conditions’, while the government announced the adoption of the EU Copyright Directive.
From funding proposals for RTVE to analysis of competition conditions, the past year has included a high level of activity from the country’s media regulator, the CNMC.
In August last year, the CNMC published a report on the Draft General Law on Audiovisual Communication. The most relevant modification includes the change to RTVE Finance Law. This change stipulates that financing of the public broadcaster be carried out ‘with contributions from all the agents present in the audiovisual market that compete for the same audience’.
The CNMC also published a study highlighting that the market power acquired by ‘big tech’ companies
in the commercialisation of advertising is largely due to the role played by data gathered and accumulate first-hand from consumers’ navigation within their platforms that allows them to personalise and manage advertising campaigns.
The CNMC also highlights the urgent need for more resources for competition authorities, as well as regulators.
Other developments include new gambling rules such as safeguarding measures. The Ministry of Consumer Affairs stated that the gambling industry in Spain requires modernisation to protect people of all ages.
Baker McKenzie’s increased visibility and activity in the media sector attracts multi-level praise. The firm is singled out for exceptional sector-related advice. The media team advises on Spanish tax incentives for foreign productions, on DTT licensing and on protecting and exploiting rights. Other areas of focus include regulation, commercial agreements, mergers and acquisitions and intellectual property.
Cuatrecasas regularly works with clients from television and publishing sectors. The practice plays a key role advising audio-visual producers on film production and distribution. Lawyers provide assistance with corporate and commercial matters, tax and dispute resolution. Other areas of practice include marketing and advertising regulations, freedom of speech and protection of image and publicity rights.
Uría Menéndez’s work with media sector clients involves regulations for television and radio and related transfer of licenses and concessions. Other core focus areas include the sale and purchase of media companies and public tenders. The firm is widely recognised for it’s broadcast expertise, and frequently advices on cases connected with corporate and commercial matters.
Abril Abogados has the respect of its peers nationally. The practice has an established position developed through its copyright and entertainment specialisation. Lawyers have broad experience in multiple areas of work connected with advertising, marketing, image rights and exploitation media and new technologies. Sub sectors covered by the firm include music, print and digital publishing, cinema, theatre and television. The team also advises on unfair competition and litigation.
CMS Albiñana & Suárez de Lezo is one of Spain's leading law firms and boasts an established IP practice with standout experience in the media sector. Its main areas of focus include IP agreements, IP litigation, copyright and digital business matters (including trademarks, designs, patents and trade secrets). The department has experienced significant growth over the past years and currently advises leading media corporations, content providers including publishers, audiovisual and visual arts companies and gaming companies on all Intellectual Property and commercial matters including all agreements and deals, personality rights, advertising regulations, unfair competition, among others.
Media, entertainment and sports are core areas of specialisation for ECIJA. The practice has a leading reputation and is frequently highlighted by peers. With full-service capabilities, the firm acted as a the sole legal counsel for Glomedia Group, advising on all mandates related to commercial and distribution contract for its productions with television channels in Spain and abroad. Lawyers also assisted Fremantle Media with contracts, image rights, product placement and licensing.
The media team at Garrigues has the respect of its competitors and clients. Lawyers provide advice that is “clear, practical and to the point.” The practice is firmly positioned among Spain’s leading firms for media. One client said that lawyers “have all shown a high level of technical expertise. They make clear recommendations that are aligned with the business' objectives and needs.” The practice also specialises in sports law and has worked closely extensively on transactional matters.
Media work at Hogan Lovells includes multiple areas of advice that include tax structures for films. Broadcast and entertainment segments feature prominently on the list of related work over the past year. The team advises on multiple cases involving publishing agreements, television licensing and tax-based schemes for the financing of film productions. Lawyers are highlighted by publishing clients with one saying: “We were very impressed by their professionalism as well as their personal interest in our case.”
The media team at Auren incorporates entertainment, intellectual property and litigation. The firm represents film and television producers, distributors, publishing companies and gaming companies. Working with Spanish production company Plano a Plano, lawyers advised on its productions El Príncipe and Allí Abajo, both for broadcast on national television. The team is also recognised for its regular advice on regulations affecting the film, gaming and advertising sectors.
Cremades & Calvo-Sotelo media and entertainment practice group covers a broad range of matters including publishing, distribution and production contracts and videographic licenses. The team advises on print publishing, film and television production, advertising and communication. The firm also represents artists and athletes.
Gómez-Acebo & Pombo integrates its TMT division with IP and IT to provide multidisciplinary advice. The firm has a strong market presence and it notable among peers and clients for it’s primary focus on internet and technology-related matters, as well as broadcast and corporate law.
The TMT group at Pérez-Llorca is just one division dedicated to media work. The firm’s sector coverage extends to areas that all feature under separate practice groups including internet and new technologies, sport, copyright, data protection and e-commerce. From contractual to transactional and regulatory work, the firm’s multidisciplinary team of lawyers advises on a range of cases including investment, divestment, and joint ventures of companies.
Pintó Ruiz & Del Valle is gaining prominence nationally through increased activity and market visibility. Clients praise the firm’s lawyers who “demonstrated a high capacity and talent to solve complex legal issues.” The firm is noted for its advice on television and radio broadcasting rights and sports betting. Lawyers are praised by clients for their “excellent knowledge and experience that, combined with their accurate understanding of the sports business, allows for excellent legal advice.”
Areas of focus at Sol Muntañola Abogados include entertainment, advertising and copyright – with a particular emphasis on author’s rights and image rights. The media division is frequently highlighted by clients for her expertise and professionalism. The team advises on music industry clients, publishers and companies in the audio-visual sphere.
Ashurst’s international emphasis on communications and media is coupled with intellectual property. The Madrid-based practice specialises in advising on social and legal aspects of online media. The firm frequently advises on cases connected with data protection and freedom of information, broadcasting and media, betting and gaming.
Broseta Abogados acts for TMT sector companies in administrative, procedural, competition and intellectual property matters. The team routinely advises on matters relating to broadcasting, advertising and e-commerce. The team also has extensive knowledge of IT law and outsourcing.
The TMT division at Roca Junyent is complimented by an independent practice group dedicated to sports. With broad experience and expertise, the firm’s position is widely respected by peers who note its sector activity and advice on media rights, e-commerce and regulation.
Bird & Bird
CMS Albiñana & Suárez de Lezo
Cremades & Calvo-Sotelo
Gómez-Acebo & Pombo
Pedro Alemán Abogados
Pintó Ruiz & Del Valle
Sol Muntañola Abogados
Allen & Overy
Freshfields Bruckhaus Deringer
Simmons & Simmons
Bufete Otero Lastres
RANKING AND EDITORIALS
REGIONS WE COVER
Middle East and North Africa
Central and Eastern Europe