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Entertainment, Sports, and Arts

Entertainment and Sports

The Firm represents various clients in transactions involving the development, financing, production, distribution, and co-investments of film and theatrical productions, as well as live shows and content licensing.

We have advised production companies, broadcasters, and celebrities in the preparation and negotiation of various complex structures of arrangements and contracts for different types of productions, providing guidance on the hiring of talent and creatives. This includes contracts for the purchase of content rights, image rights, works made for hire, adaptations, set designs, co-productions, synchronization, promotional tours, and booking, among others. We represent artists, celebrities, directors, producers, writers, influencers, athletes, and other participants in the sports and entertainment arenas.

Our services in this area include, among others: development, financing, production, distribution, and co-investments of film and theatrical productions; live shows and content licensing; preparation and negotiation of complex structures of arrangements and contracts; hiring of talent and creatives; purchase of content rights; image rights; works made for hire; adaptations; set designs; co-productions; synchronization; promotional tours; booking; representation of artists, celebrities, directors, producers, writers, influencers, athletes, and other entertainment and sports participants.

Our services in this area include, among others:

 

  • Production and co-production contracts

  • Distribution contracts

  • Broadcasting and retransmission contracts

  • Hiring of musical works, synchronization rights, and jingles

  • Obtaining foreign rights for national productions

  • Publishing contracts

  • Talent contracts

  • Sponsorship contracts

  • Image use

  • Advisory services for artistic tours

  • Purchase and sale of canned programs

  • Works made for hire

  • Contracts for actors, writers, producers, screenwriters, editors, composers, set designers, directors, commentators, athletes, and others

  • Advisory services regarding collective management societies, payment and collection of royalties

  • Exploitation and dissemination of works

  • Financing of film and theater projects

  • Agents and representatives of artists and athletes

  • Integrated product

  • Intellectual property protection

  • Location permits

  • Chain of rights

  • Legal advisory services during the production of audiovisual works, live events, podcasts, and other forms of communication

  • Advisory services to investors and entrepreneurs interested in investing, financing, or sponsoring in the entertainment sector, including the analysis of business plans and structures

  • Tax incentives

  • Theater, film, and television

  • Video games

  • Obtaining work visas and special permits, as well as employer certificates and maintenance and renewal of immigration statuses

2

Fashion

The fashion industry plays a fundamental role in various sectors, such as advertising and retail. It has evolved and grown to involve an increasing number of players, including jewelers, designers, advertisers, models, celebrities, makeup artists, and many others. Indigenous cultures and cultural heritage now play a crucial role in the fashion industry, which has been addressed by our legislation through the Federal Law for the Protection of the Cultural Heritage of Indigenous and Afro-Mexican Peoples and Communities.

In this context, the fashion industry is intimately linked with various figures and rights protected by national and international intellectual property legislation and related areas such as advertising and unfair competition. It often plays a leading role in diverse industries such as design, art, textiles, entertainment, sports, and even the automotive industry. Our firm has extensive experience in these industries, rights, protection areas, and means of exploitation and dissemination.

 

Our services, among others, include the following:

 

  • Protection of trademarks and traditional and non-traditional distinctive signs

  • Protection of designs and inventions

  • Transfer of rights and license agreements

  • Works made for hire

  • Paid collaborations

  • Cultural heritage

  • Image rights

  • Advertising

  • Sponsorships

  • Celebrities and influencers

  • Media

  • Retail

  • Industry-specific contracts

  • Partnerships

  • Labor relations and intellectual property protection

  • Trade secrets and confidential information

  • Piracy and unfair competition

  • Product liability

  • Labeling

  • Portfolio acquisition

  • Launch or positioning events

  • Hiring of models and hostesses

  • Consumer protection

3

Art and Cultural Industries

Art law is a little-explored branch of law in our country and therefore lacks specific regulation to govern many of the operations, transactions, or variables that may exist over time in relation to a work of art, an artistic monument, an archaeological figure, or an antique piece. For this reason, the practice of law related to the creation, preservation, collection, exhibition, sale, resale, exploitation, loan, export, etc., of artworks and artistic monuments is linked to various isolated laws and provisions that together create a regulatory framework. Due to its lack of broad specialization, this framework must be complemented with the industry's best practices found in countries and foreign legislations with a more developed culture of art law. In Mexico, for the proper treatment of these goods and the protection of the rights of their creators and holders, various provisions converge, including the Commercial Code, Federal Civil Code, criminal legislation, Federal Copyright Law, Customs Law, and Federal Law on Monuments and Archaeological, Artistic, and Historical Zones. Additionally, diverse authorities such as INDAUTOR, INBA, INAH, and the Ministry of Finance, among others, play a role.

Our firm has taken the time to thoroughly study and understand the regulatory framework and industry practices to provide comprehensive and effective advice to our clients and various industry players. We aim to fill a gap in the sector, as it is part of our essence to serve the creative, artistic, and cultural industries in a specialized manner. These industries include, among others, creators, collectors, museums, galleries, auction houses, publishers, designers, and commercial brands.

 

Our services include advice on, or related to, among others:

 

  • Representation of artists

  • Galleries

  • Auction houses

  • Museums

  • Collectors

  • Registration of works

  • EFIARTES

  • Payment in kind for visual artists

  • Copyright

  • Applied art

  • Export permits and notices for artworks

  • Defense against copyright violations

  • Notices for vulnerable activities

  • Contracts

4

Celebrity Branding

We work with actors, actresses, visual artists, musicians, performers, writers, directors, and athletes, helping them connect with each other and find the best channels. We assist them in building relationships with brands, producers, publishers, venues, representatives, galleries, agents, platforms, and other industry players to enhance their image, talent, brands, and copyrights for the benefit and growth of their careers and their name.

5

Content Review

We review advertising, communications, scripts, literature, notes, and other content before their launch or publication to identify and mitigate risks of potential violations of legal provisions or third-party rights, including copyright chains. We make recommendations to eliminate or reduce the risks of engaging in actions contrary to acceptable practices.

6

Live Events

We provide advisory services for the organization and development of live events, whether artistic, cultural, or sports-related, including document review, contract drafting and negotiation, insurance procurement, venue engagement and negotiation, and support in obtaining sponsorships.

Additionally, we advise producers on the use of elements, brands, names, music, images, and other content that may be subject to intellectual property rights.

We offer support for the application, acquisition, and payment of rights regarding government permits for public performances.

7

Social Media and Influencers

We advise companies and individuals to ensure that their obligations are met and their rights are protected in the digital and social media environment in a way that benefits our clients' interests. We provide care and support throughout the various stages of the lifecycle where companies and influencers interact within digital environments, such as social media. In this regard, we intervene and provide support in matters ranging from the conception and drafting of terms and conditions, privacy policies, protection of intangible assets, protection and limitation of image use, commercialization of products and/or services through platforms, advertising, and partnerships between brands and public figures, among others.

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© 2024. Pérez Correa y Asociados, S.C.

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