Companies across the communications sector face similar challenges. This is a broad sector, however, encompassing many different sub-sectors, and each sub-sector has its own regulatory environment and conventions; NomoS's lawyers understand this and recognise the importance of engaging with the specific regulatory framework governing each sub-sector, and seeing how each relates to the others.
The film, television and publishing sectors each continue to evolve their own regulatory frameworks. The relevant trade and collective agreements will depend on the sector or sectors in which a company operates.
The media sector's legislative and regulatory frameworks are subject to more change than those of other sectors, and its trade agreements are granted a greater level of importance than elsewhere. We often advise professional organisations and our close relationships with these bodies enable us not only to track the evolution of the legislative and regulatory frameworks but also to contextualise and predict their future development.
Whatever the sub-sector, the success of media companies derives from the quality of the works they produce or distribute, and the success of individual authors and artists from their efforts.
French law places a strong emphasis on protecting authors and more generally gives labour law a prominent role. It is often difficult for foreign producers and publishers to understand, especially if they are more familiar with less protective regimes.
Failure to take into account differences in the legislative and regulatory framework has exposed many market entrants to avoidable commercial risks: breaches of contract, inability to exploit commissioned works, and tax and other penalties.
Producers often wish to extend their activities beyond the mere exploitation of registered rights. They want to develop derivative products and assist artists in all their endeavours, and this creates new challenges.
NomoS has combined the skills of our specialist intellectual property, employment and tax lawyers and cultivated an unrivalled level of expertise to support our clients in both the media and sports sectors. We work hard to structure and negotiate contracts which are both certain and effective for their needs.
Creating content will always require investment which must be protected, and exposure to risks which must be mitigated.
NomoS's intellectual property expertise assists clients during the initial creation and exploitation of rights. Here, we take steps to ensure that the appropriate rights are secured and to limit the associated risks, whether we are working for an individual or a company.
Our experience is also brought to bear in contentious matters where we act as claimant or defendant, depending on our client's need, before the civil, commercial and criminal courts.
We are keen to only do so when such formal conflict becomes unavoidable. Indeed, NomoS always remains open to finding the most appropriate solution for our clients, whether that involves heading to the courtroom, or finding an alternative settlement that better suits their interests.