We assist businesses in all areas of Content Law
Our Content Law team assists content creators, content collectors and content distributors with legal issues arising in the internet, social media, multimedia, film, music, television and telecommunications spaces.
We provide strategic advice across all aspects of intellectual property law, ensuring continued protection and commercialisation, as well as advice on general commercial aspects.
In particular, we assist clients:
- Creating content – whether producing print works, videos or games for others or for your own services/product or producing content for film and television – by drafting and negotiating production agreements and ensuring that content is licensed correctly;
- Gathering content – whether engaging talent or gathering other third party content – by drafting influencer agreements, brand ambassador agreements, license agreements, or obtaining product, performer or location releases;
- Distributing content, by drafting distribution agreements and option agreements; and
- Providing ‘Content as a Service’, by drafting SaaS-type licence agreements or terms and conditions of use.
Content is currency in today’s world and you need to ensure that you own, license, produce and distribute it with all necessary rights and obligations. We can help you to do this in all media channels, including social media, websites, apps, film and TV.
- Nick Bent, Caveat Panel Member
Content Law Laws and Regulations
The laws and regulations that touch on content law include:
- Electronic Communications and Transactions Act, 2002
- Copyright Act, 1978
- Consumer Protection Act, 2008
- Consumer Protection Act Regulations, 2011
- Protection of Personal Information Act, 2013
- Promotion of Access to Information Act, 2000
- Companies Act, 2008
- Films and Publications Act ,1996
- Advertising Regulatory Board (ARB) regulations
- Wireless Application Service Provider’s Association (WASPA) regulations
Frequently asked questions on Content Law
You can check the video settings in YouTube and other providers like Vimeo, and you may be able to embed them in some of your channels. Generally though, commercial use of this content will require a licence from the content creator (and YouTube’s permission if you don’t get it directly from the content creator).
- You need to make sure you either own the content or license it for whatever you want to use it for. That means having a production or similar agreement in place in which the supplier grants you ownership or the necessary licence. The type of agreement depends on the media channel. For example, in social media you may need an agreement with the influencer you are engaging.
- You also need to make sure the content creator isn’t giving you plagiarised content, and that you are indemnified for this.
- You can also include confidentiality restrictions and restrictive covenants like a non-compete clause.
You need to put the right terms in place with your customers. That may mean a licence agreement that states what your customer can and cannot do with it. Or it may mean general terms and conditions that cover the same thing.