Overview
Emerging technologies are driving the development of transformational and innovative products, services and business models in the Media & Entertainment Sector. Market players are aiming to re-engineer their content services activity for greater agility, flexibility, operational efficiencies and cost benefits. Artificial Intelligence, virtual and augmented reality and Big Data contests play an increasingly relevant role in media & entertainment services, setting the tone for companies implementing innovative services.
These changes allow for an increasing integration of different areas in the media industry, from audio-visual content, music, advertising, merchandising and e-commerce.
This technological evolution has also posed challenges to media regulation, especially in the domain of freedom of expression, fake news, pluralism and diversity, protection of minors and audiences, as well as in business and financing models.
Trends
Major trends in the sector include the use of AI and machine learning to provide market players with predication strategies, new animation models, as well as alternative advertisement methods. Companies are also more frequently using these technologies to launch online streaming and smart media platforms. Likewise, virtual and augmented reality is being used notably for the purpose of benefiting consumer experience.
Big Data, on its turn, is being used to make more data-driven investment and management decisions. Indeed, players in the industry are developing the most appropriate customer profiles and thus achieve a higher success rate for the offers they make, better segmenting their campaigns and advertising to increase their efficacy and optimize investment.
DLT/blockchain technologies and smart contracts are also being increasingly used to ultimately remove the need for intermediaries in the entertainment and media sector, allowing consumers to have direct access to the services provided.
All in all, the media landscape is becoming more and more based on live and on-demand coverage, accessed through all devices and platforms, mobile and socially friendly, and sourced from a variety of new players.
Legal Challenges
New legal and regulatory challenges arise from the increasing digitalisation, automation and connectivity.
New entrants and online players are competing with established media organisations by resorting to social media and new technologies. A more competitive market is developing requiring constant innovation and personalisation, with OTT content being increasingly relevant.
The use of new technologies in developing and creating content may raise legal and regulatory challenges and may further expose organisations to additional risks related to third-party activities and products.
New means for content distribution raise challenges such as the ones relating to liability for content, security and misinformation.
New means for accessing content, such as gamified interactions, and the sheer volume of information from different sources, may be exposing users to additional risks, such as misinformation, exposure to harmful content and incidents related to personal data and security.
What is more, the complexity of technologies such as AI and machine learning, DLT and Blockchain may blur the regulatory and legal obligations that were built on traditional relationships requiring regulatory certainty whilst ensuring that innovation is not hindered.
- Codes of Conduct
- Regulatory & Compliance
- Data (personal and non-personal) & Cybersecurity
- Electronic Communications
- Consumer Protection & Liability
- Advertising & Digital Marketing
- IP & Trade Secrets
- Technology integration and updates
Step-by-step
What?
Forces driving the market
An unstoppable flow of information and content is constantly accessible and updated, leading market players to developing new ways of providing content to stay ahead of the competition and build trust with their audience, whilst raising challenges with accuracy and avoidance of misinformation.
The use of personalisation approaches to content delivery by taking advantage of Big Data Analytics allows for more personalised content and recommendations for users, but also creates information bubbles.
Access to content is increasingly made seamlessly through different devices and platforms. 5G is expected to play a central role in the sector, by enabling a faster user experience for consumers.
New approaches to delivering information and content (such as gamification) aim at responding to user demand, whilst addressing liability risks notably for platforms.
New technologies such as AI, virtual and augmented reality, and DLT/blockchain, are all being used in the sector in the development and distribution of information and content.
How?
Can we help you
VdA has detailed experience and expertise in all policy, legal and regulatory matters associated with the use of technology in the Media & Entertainment sector. Our tech and industry insights allow us to provide 360.º legal services to organisations, governments, and regulators.
- Broadcasters
- Media platforms
- New players, such as TV manufacturers and other devices
- Record labels, music publishers and other rights owners
- Social networks
- Content developers and distributors
- Advertisers
- Agencies and promotors
- Governments
- Regulators
Our team of experts is delivering strategic and sophisticated legal advice to help our clients on their most challenging and promising projects. With a track-record of advising complex projects for leading companies in the sector, as well as for the public sector, VdA services include:
Private sector:
- Advising on regulatory and compliance issues arising from online disinformation, pluralism, diversity, hate speech, as well as compliance issues regarding the use of technology and digital tools in developing and distributing information and content
- Advising on liability issues, especially arising from making available own- and third-party content
- Advising on marketing and advertising rules, unfair trade practices and influencers
- Advising on data (personal and non-personal) and cybersecurity, and on IP protection
- Advising on sports broadcast rights
- Drafting and negotiating contracts for media and social media organizations, distributors, platforms operators (B2C, B2B, B2P), record labels, music publishers and other rights’ owners
Public sector:
- Drafting policies, strategies and laws for several Media & Entertainment issues, including in the light of integration and use of technologies and social media tools
- Advising on public contracts: public tenders, pre-contractual proceedings.
- Negotiating partnerships and memoranda of understanding with governments, institutions, agencies and the private sector
Our team of experts
The disruption of the Tech media & entertainment ecosystem raises complex challenges that require a holistic and sophisticated legal analysis.
We help our clients meet their goals through a cross-sector team that brings lawyers from our ICT, Data & Cybersecurity Practice Areas. In addition, to deal with the complex challenges brought by resorting to technologies in the sector, our team further works routinely with our colleagues from IP, Public Law, among others.
Why?
Specialised knowledge is required
The opportunities and challenges of the media & entertainment sector, including those arising from the deployment of emerging technologies and the lack of regulatory certainty, are complex. Therefore, specialised knowledge is required in the development and deployment of digitalization strategies. VdA is especially knowledgeable of the opportunities and challenges brought by using technology in the sector in Europe and in Africa.
VdA is well aware of the opportunities and challenges of the media & entertainment sector in Europe and how the digital revolution is reshaping the sector.
VdA has been closely accompanying the progression of the rules applicable to online platforms under the proposed Digital Services Act Package, as well as the impact of the EU's digital single market (DSM) strategy and of the provisions on copyright (including in the light of the recent Directive on Copyright in the Digital Single Market) on the sector.
In addition, VdA has detailed know-how on the challenges brought by and to media & entertainment services when it comes to data (personal and non-personal) and cybersecurity, including in the light of the GDPR and the legal provisions and guidelines on cybersecurity, IoT devices and data.
VdA advises clients in the development and distribution of content through different means and platforms, including in the acquisition and use of new technologies, taking into consideration not only the applicable regulatory framework, but also other relevant legal and regulatory frameworks, including, for instance, on cybersecurity, Intellectual Property, advertising, consumer protection, among others.
VdA is well aware of the opportunities and challenges of the media & entertainment sector in Africa, including its impact on the promotion of democracy, indigenous content and social and economic development.
The digital world is fuelling the growth of Africa’s media and entertainment industry, with consistent rises in video-based content and services anchored in new technologies such as artificial intelligence and augmented/virtual reality. The Digital Transformation Strategy for Africa 2020-2030 expressly mentions how the innovation ecosystem is giving rise to new forms of activity (e.g., social media) and the goal to create a conducive environment to promote the growth of the digital industry. The role of the sector in encouraging ICT development is also referred to.
VdA has relevant experience in providing legal advice to the media & entertainment sector that is tailor made to the needs of each client, grounded on a highly specialised knowledge and the accumulated experience in each geography where we operate with VdA Legal Partners.
When?
Can we do it for you
Assisting you in devising the best approach and models for your business, project, product and service, in the light of legal and regulatory opportunities and constraints.
Assisting you in the development and setting-up of your business, project, product and service, drafting all required documentation, assisting in the negotiation of contracts, interacting with competent authorities, and accompanying you every step of the way.
Assisting you in addressing day-to-day business goals and challenges in the light of the applicable laws and regulations. We are here for you.