Legal advice to businesses creating and exploiting music through
all media.
The music industry has undergone a period of intense change -
and is no longer recognisable from the vastly profitable industry
sector of 20 years ago. That change has prompted a number of
reactions - record companies diversifying into other business areas
and maximising new revenue streams; looking to cut costs, by
outsourcing and joint venturing non-core aspects of their
businesses. This has also led to closer co-operation between record
companies and artists across a range of projects - not just
creating and marketing records; and consolidation - at the heart of
each of these, you will find Olswang.
Olswang is rare among major law firms in having a deep
understanding of the music industry. Add to this its involvement in
all other aspects of media which the music industry touches and we
are able to offer a unique breadth of experience.
Our commercial lawyers have been at the cutting edge of digital
music exploitation since the first music-led websites were launched
in the late 1990s; they handle negotiations between digital music
businesses, rights owners and collecting societies as well as
working with our e-commerce team on consumer and data
issues.
Our corporate and tax teams work on acquisitions, disposals and
joint ventures and also work closely with the commercial team to
handle the rights licensing and assignment that inevitably forms a
major part of many of these deals, as well as undertaking due
diligence reviews.
Our litigation team also understands the music industry and
deploys this understanding in a range of disputes from skirmishes
between record labels and artists through to "bet-the-industry"
Copyright Tribunal litigation.
Advising and representing ITV in a Copyright
Tribunal reference challenging the terms on which the Performing
Right Society and Mechanical-Copyright Protection Society license
ITV's use of music in its programmes / services.
Olswang LLP advised Chrysalis PLC on two major corporate
transactions, including its take-over by BMG Rights.
In April 2010, Chrysalis acquired the entire issued share
capital of First State Media Group (Ireland) Limited ("FSMG"), a
music publishing business operating through a network of
subsidiaries and sub-publishers in seven countries, from the
Commonwealth Bank of Australia and management (the "Sellers"), for
a total consideration of US$16.5million (the "Acquisition").
FSMG controls over 45,000 music copyrights comprising, amongst
others, the catalogue of Sheryl Crow, the former "Dreamworks"
catalogue and the "Wind-Up" catalogue.
Olswang also advised Chrysalis on the terms of a recommended
cash offer for its entire share capital from a wholly-owned
subsidiary of BMG Luxco, a joint venture between Bertelsmann and an
affiliate of Kohlberg Kravis Roberts & Co. L.P
Advising Ansco Arena Limited (part of the
AEG Group, which controls and hosts various events and concerts at
the O2 arena in Greenwich) regarding a dispute with Lastminute.com
in relation to a Sponsorship Agreement under which Ansco Arena
granted Lastminute certain sponsorship and ticketing rights in
relation to the O2 arena.
CSC Media Group Limited v Video Performance
Limited
We acted for Video Performance Limited (VPL) in relation to its
long-running litigation with CSC Media Group (CSC) concerning the
licence terms pursuant to which CSC's seven music television
channels use VPL's repertoire of music videos.
Universal Music Group
We advised on the establishment of Future Records, a joint
venture with Take That songwriter Gary Barlow to set up a new
record label and TV production business.
Other clients active in the direct and indirect exploitation of
music whom we advise include the UK record industry trade body, the
BPI, Warner Music Group and
Global Radio plc.
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