Media & Content Law
We assist businesses in all areas of Media & Content Law
Our Media and Content Law team assists content creators, content collectors and content distributors with legal issues arising online and in 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:
- Providing ‘Content as a Service’, by drafting SaaS-type licence agreements or terms and conditions of use;
- Distributing content – by drafting distribution agreements, referral partner agreements, option agreements and others;
- 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 licence agreements, influencer agreements, brand ambassador agreements, or obtaining product, performer or location releases.
On the media law side, we advise on regulatory compliance, intellectual property licensing and ownership; draft terms for those who provide internet and mobile application services and draft social media policies and influencer or brand ambassador agreements.
I thoroughly enjoy advising clients and working on new and interesting matters in the constantly evolving sectors of Content and Media Law. From helping my clients put in place the basics like website terms and conditions or contract templates for their new startups, to working on influencer agreements for their marketing activities, each day is different.
- Nick Bent, Panel Expert
Media and Content Laws and Regulations
The laws and regulations that touch on Media and 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
What Types of Businesses Require Media and Content Law Legal Services?
Businesses operating in media, like publishing and broadcasting houses, advertising agencies, digital marketing and social media companies.
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 licence 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.
Frequently asked questions on Media Law
Media law refers to the legal framework governing the operation of media outlets, including online platforms, television stations, radio stations, newspapers and magazines. It encompasses a wide range of laws and regulations, such as those related to intellectual property, advertising, broadcasting, privacy and access to information.
The main laws governing intellectual property in South Africa are the Copyright Act, the Trade Marks Act, the Patents Act and the Designs Act. These laws protect original works of authorship, trademarks, patents and designs from infringement.
The Advertising Regulatory Board (ARB) is the self-regulatory body responsible for regulating advertising in South Africa. The ARB administers the Code of Advertising Practice, which sets out the standards and rules that advertisers must adhere to.
The Broadcasting Act is the main law governing broadcasting in South Africa. It establishes the Independent Communications Authority of South Africa (ICASA), which is responsible for regulating the broadcasting sector, including issuing licences, setting standards, and enforcing compliance.
The Promotion of Access to Information Act (PAIA) is the main law governing access to information in South Africa. It gives citizens the right to request and access information held by public and private bodies, subject to certain limitations and exceptions.
The Protection of Personal Information Act (POPIA) is the main law governing privacy in South Africa. It regulates the collection, use and storage of personal information by public and private bodies and gives individuals the right to access and correct their personal information. The law also sets out strict rules and procedures for data breaches and protection of personal information.
Get in Touch
What is an influencer agreement? A social media influencer is