London information technology & internet law firm Crefovi is delighted to bring you this new technology & data privacy blog, to provide you with forward-thinking and insightful information on hot business and legal issues in the digital & high technology sectors.
This new technology & data privacy blog provides regular news and updates, and features summaries of recent news reports, on legal issues facing the global information technology, media and internet community, in particular in the United Kingdom and France. This new technology & data privacy blog also provides timely updates and commentary on legal issues in the hardware, software and e-commerce sectors. It is curated by the IT lawyers of our law firm, who specialise in advising our information technology & internet clients in London, Paris and internationally on all their legal issues.
Crefovi practices in information technology, hardware & software since 2003, in Paris, London and internationally. Crefovi advises a wide range of clients, from start-ups in the tech world requiring legal advice on contractual, tax and intellectual property issues, to large corporations – renowned in the information technology and ‟Consumer discretionary” sectors – which require advice to negotiate and finalise their licencing or distribution deals, or to enforce their intellectual property rights. Crefovi’s ‟Internet & digital media” team participates in high-profile transactions. It assists leading established and emerging companies in mergers and acquisitions; litigation, including intellectual property litigation; financing transactions; securities offerings; structuring cross-border international operations; technology and intellectual property transactions; joint ventures and in matters involving online speech, privacy rights, advertising, e-commerce and consumer protection, and regulatory issues. Crefovi writes and curates this new technology & data privacy blog to guide its clients through the complexities of information technology, and internet & digital media, law.
The founding and managing partner of Crefovi, Annabelle Gauberti, regularly attends, and is a speaker on panels organised during, important events from the calendar of the world of information technology and internet, such as the tradeshows CES, Slush, SXSW, Viva Technology, Wired and Web Summit.
Moreover, Crefovi has industry teams, built by experienced lawyers with a wide range of practice and geographic backgrounds. These industry teams apply their extensive industry expertise to best serve clients’ business needs. Some of these industry teams are the ‟Information technology, hardware & software”, as well as the ‟Internet & digital media” departments, which curate this new technology & data privacy blog below, for you.
Crefovi regularly updates its social media channels, such as Linkedin, Twitter, Instagram, YouTube and Facebook. Check our latest news there!
AI act: taming the lion of artificial intelligence innovation with rules & regulations!
The AI act is upon us! But will it strike the right balance between innovation and protecting the rights of intellectual property rights owners and citizens enticed to use artifical intelligence in their daily lives? This is a difficult challenge to win and, further to our detailed analysis of the AI act, we have reached the conclusion that such AI act will throttle artificial intelligence in the European Union, forcing AI technological advancements and leaps to take place on other continents like the US or Asia. What a loss of technical and business opportunities and advancement for Europe, which, as...
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Naomi Campbell v MGN Ltd: towards the recognition of a right to privacy under English law?
Naomi Campbell, the British model who rose to fame in the 1990s as one of six models of her generation declared supermodels, is currently being celebrated at the Victoria & Albert Museum in a delightful temporary exhibition entitled ‟Naomi in fashion”. It is therefore the right time to delve into the most famous litigation case in which Ms Campbell was involved in (no, not that one where she allegedly tossed a mobile phone at her maid and was consequently sentenced to five days’ community service and ordered to attend an anger management course). What we want to get our teeth...
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Hedy Lamarr: the most beautiful woman in the world was also a patent inventor
Hot on the heels of our latest article on Standard Essential Patents (‟SEP”), here is an example of an exceptional woman, Hedy Lamarr, who not only was a Hollywood movie star, but also the co-inventor of a SEP called the Frequency Hopping Spread Spectrum technique (‟FHSS”). It is this same technology which allows, today, the operation of the wireless communication standard Bluetooth, of Wi-Fi and of the GPS. Let's dive in, shall we?
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Standard Essential Patents (SEP): is EU interventionism the solution, to ensure licencing negotiations on FRAND terms?
Standard Essential Patents (‟SEPs”), despite only representing 2 percent of the total population of patents currently in force, are critical to the development of international technical standards, relating to technologies such as 4G, 5G, Wi-Fi, computer, audio/visual, in the ‟Internet of Things” ecosystem. Yet, SEP licencing is archaic, often requiring lengthy and draining court litigation to agree terms of Fair, Reasonable And Non-Discriminatory (‟FRAND”) use between SEP holders and SEP implementers. Of course, Small and Medium Entreprises (‟SMEs”), which increasingly implement standards based on SEPs in the ‟Internet of Things” ecosystem, are priced-out, and cannot negotiate FRAND terms with cash-rich...
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Digital Services Act: the revolution will be televised
The Digital Services Act is upon us and, with its bestie the Digital Markets Act, promises to force powerful changes in the digital ecosystem currently in place in the European Union and, even globally. The power is shifting back to the people, with the Digital Services Act, and intermediary service providers better listen to their complaints about unclear and cunning terms and conditions of service, their takedown notices for illegal content, products and services, as well as their concerns about bullying, breach of free speech, unfair targeting of minors, minorities, etc. Otherwise, the European Commission and national Digital Services Coordinators...
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Digital Markets Act: forcing change in the digital services’ industry, to ensure more competition
While the deadline for compliance with the Digital Markets Act is fast approaching, gatekeepers in the digital services' market are (allegedly) frantically preparing themselves for compliance. But is this ever going to happen, by 5 March 2024, in light of the robust opposition and resistance to any change which may as much as undermine the monopolistic positions of the likes of Apple, Google, Microsoft, Meta, Amazon and Tiktok? Of course, none of these tech giants are European, and it is just not in the American, or Chinese, DNA, to have to suffer so much interference from a state-owned entity like...
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Farfetch: anatomy of a fall
Farfetch was a lovely entrepreneurial adventure launched 16 years' ago by thirty-something Jose Neves, but will probably not pass the test of time, in its current iteration. Let's analyse what and who drove Farfetch, and how Farfetch was driven, into the ground, in less than 5 years. We all need to hear cautionary tales, and the Farfetch story definitely fits into this category. Future fashion entrepreneurs, saddle up!
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AI & copyright protection: lawmakers must swiftly adapt to save their creative industries
Artificial intelligence (‟AI”) technologies, which developed exponentially in the last 5 years, are here to stay and thrive. Most legal frameworks, in particular in the French and US, are not ready for these technological advances. Indeed, most courts still refuse to grant copyright protection and ownership, to AI-generated works, worldwide. This situation is not sustainable, as AI-generating tools and platforms will replace traditional methods of generating content, in a very short timeframe. Legal frameworks must therefore adapt and yield, in order to ensure that their national creative industries remain competitive and at the top of the class. How can this...
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CMA merger enquiry into Sony acquisition of Kobalt’s AWAL & KNR
The Competition and Markets Authority (‟CMA”)did a stellar job, with the information and data it was provided with, during the phase 1 and phase 2 investigations of Sony's acquisition of Kobalt's assets, AWAL and Kobalt Neighbouring Rights. Why is this merger inquiry important, for the music industry? How did it come about? Was the merger inquiry's outcome fair and appropriate, to preserve healthy competition in the music distribution and rights management sectors?
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Freedom of speech in the creative industries: how did it all go so wrong?
While cancel culture and culture wars are attacks on freedom of speech and freedom of expression which come from the bottom, the virulence of the latest onslaught on freedom of the press and creative expression now comes from the top. States, government structures, public and private companies, oligarchs as well as other plutocrats are using all the legal tools in the box, and more, to silence, intimidate and neuter anyone who may as much as mouth a criticism about them, their behaviours, their actions and their track records. The creative industries are particularly targeted by these authoritarian top-down approaches and...
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Private equity goes to Hollywood: when investing in media content production became hype
Even in a downturn, private equity money picks Hollywood as a smart bet. Investment firms now view star-driven production banners (and major soundstages) as a long-term play in a crowded content marketplace. How did this happen? Why the sudden change of heart, since finance people had previously always viewed investing in media content production a very risky bet, at best? Is this ‟all in” investment strategy in media content production, implemented by private equity funds, financially sound?
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Loot boxes in video games: self-regulation or legislation, that is the question
On the back of the Star Wars Battlefront 2 debacle in 2017, many European regulators, including the UK and French ones, have started to take an increasingly scrutinising and judging stance, on loot boxes offered for purchase to children and young persons who play video games. Why are loot boxes potentially dangerous? What are the UK and French regulators - and other governments in the world - doing, to protect vulnerable players from these random reward mechanisms?
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Film distribution media: what’s next to retain customers?
Film distribution remains inefficient and not user-friendly enough, despite the many disruptions caused by online piracy and the advent of film streaming. Is the outcome of the streaming wars going to bring more consolidation in film distribution? What about aggregating film streaming services together, to make them more affordable to end-users? Let's explore.
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Microsoft & Activision Blizzard: competition authorities move towards merger control
Since Microsoft announced its acquisition of Activision Blizzard, the largest independent video games' developer and publisher worldwide, competitors and national competition authorities alike have been busy, around the world, in assessing the potential substantial lessening of competition that such a large deal may entail. Let's dive in, and assess where this acquisition is at, in each country in which the competition authority is investigating its impact on competition in the respective national market.
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Resale price maintenance in the musical instruments industry: the CMA goes on a crusade
While at the Podcast show on 25 May 2022, I struck a conversation with Kevin Fairburn, senior account manager for the Japanese musical products brand Zoom at Sound Service MSL Distribution Ltd, who mentioned that online retailing of musical instruments (‟MI”) and products was more strictly regulated, in the United Kingdom (‟UK”), since its Competition and Markets Authority (‟CMA”) had handed down several decisions against top MI suppliers and retailers, such as Roland and Fender. Intrigued, I decided to dive in, and get to the bottom of these CMA cases which, according to Kevin, did a lot to make MI...
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Gaming, esports & dispute resolution: a brave new world
Gaming, and the competitive games sector, in particular esports and virtual sports, are growing exponentially. The magnitude of such growth can be measured by global financial, economic and social metrics. While this development is no doubt advantageous for the sports, gaming and esports sectors, it raises issues in relation to the most adequate ways to resolve contractual, tort based, disciplinary and doping and digital doping disputes and cases arising out in this new ecosystem. Let's explore what is at stake, here, and analyse the possible avenues to structure, and process in the most confidential, efficient and diligent way any dispute...
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Four Tet v Domino: why pacific renegotiation of royalties’ rates on music streams is the best strategy for all involved
The case Four Tet v Domino is the UK's most recent example of music labels and recording artists battling it out, during the renegotiation of their respective share, on music streams' royalties, away from sales, and as licenses. Why did Four Tet have to file his claims in court? What was the outcome? Was such strategy to escalate this royalties negotiation into full-blown litigation the smartest thing to do, for Domino, and for Four Tet?
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Arbitration & creative industries: what’s new?
Back in 2018, I wrote an article on the use of alternative dispute resolution (‟ADR”) - in particular, arbitration - in the creative industries. On the back of the California arbitration week, and the Paris arbitration week, which both took place earlier this year in March and April 2022, it is worth revisiting whether ADR is really becoming the tool of choice, for the creative industries, to resolve their disputes.
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Reforming UK music law: making the music streaming market economically viable for all stakeholders
There is a frenetic desire and attempt, displayed by several UK members of parliament, to overhaul the current legal framework applicable to the UK music streaming market. Why all the commotion? What is in the works? How do such lobbying endeavours compare to the recent legal changes implemented in the European Union music market? What's going to happen now, in the UK and elsewhere, to replace music creators at the heart of the music streaming ecosystem and supply chain?
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Loan-out companies and loan-out agreements: how to use them in the new IR35 landscape, in the UK?
Perhaps surprisingly in a Conservative government, the IR35 rules have been tightened, in order to ensure that the taxman gets its fair share of revenues, when creators and their clients enter into entertainment, film, media and professional sports contractual arrangements. What is at stake for the creative industries in the UK? How to make the most of loan-out companies and loan-out agreements, while ensuring compliance with the revised IR35 rules?
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How to sell your US fashion products in Europe, at high margins?
In the globalisation age, fashion and luxury brands aspire to doing business everywhere, servicing their retail clients on each continent. Yet, trade and geographical barriers are still in place, and even increased during the inward-looking Trump era, in the US, and Brexit transition, in the UK, making smooth and seamless fashion and luxury purchase transactions a challenge. So, what is the best approach, in the post-COVID, post-Trump, and post-Brexit world, to sell your fashion and luxury wares around the world, while making high margins?
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How to enforce civil and commercial judgments after Brexit?
As explained in our two previous articles relating to Brexit, ‟How to protect your creative business after Brexit?” and ‟Brexit legal implications: the road less travelled”, the European Union (‟EU”) regulations and conventions on the jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, ceased to apply in the United Kingdom (‟UK”) once it no longer was a EU member-state. Therefore, since 1 January 2021 (the ‟Transition date”), no clear enforcement system is in place, to enforce a UK civil or commercial judgment in a EU member-state, and vice-versa. Creative businesses now have to rely on...
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Why the UK TuneIn judgments are a return to the dark ages
What happens when you let some old farts from the UK judiciary, fueled by a doomed Brexit, single-handedly decide the technological future, advances and boon to which UK users should have access to? Well, stupid business decisions justified by perfectly elegant and intellectually stimulating legal decisions handed down by old timers on a rampage to make ‟Britain great again”. I am sorry that TuneIn had to pay such a hefty price, on the UK market but, oh boy, it did.
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Crefovi’s take on EFM online 2021: finally, the digital revolution has come to the film industry!
Crefovi's founding and managing partner, Annabelle Gauberti, attended, by way of her MacBookPro, the EFM online 2021 session from 1 to 5 March 2021. What are Crefovi's key takeaways from the first European film festival and market of the year? Was this online session a success, managing to link buyers and sellers, as well as their respective service providers, together?
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How to remedy a breach of licence which term is overran?
In the creative industries, many intellectual property rights, such as copyright, trademarks, registered designs and patents are subjected to licenses, in order for right owners and creators to monetize such rights. However, things do not always go smoothly during and after the term of the licensing agreement, between the licensor and the licensee. Therefore, what are the remedies that the licensor may put in place, in order to ensure that his or her intellectual property rights are fairly monetised? How to remedy a breach of license which term is overran?
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Do you need to put in place an escrow agreement with respect to the software and/or source code that you license?
In this digital and technological corporate world, having a plan B in case your software or computer program license goes wrong is a must. Can a customer successfully leverage its position, by entering into an escrow agreement with the licensor? How does the source code escrow work, anyway? When can the source escrow be released to the licensee?
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Fashion law in France: a 2020 overview
Since its inception in 2003, the law of luxury goods and fashion law have evolved, matured, and become institutionalised as a standalone area of specialisation in the legal profession. Here is Crefovi's 2020 status update for fashion law in France, detailing each legal practice area relevant to such creative industry.
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Why the valuation of intangible assets matters: the unstoppable rise of intangibles’ reporting in the 21st century’s corporate environment
It is high time France and the UK up their game in terms of accounting for, reporting and leveraging the intangible assets owned by their national businesses and companies, while Asia and the US currently lead the race, here. European lenders need to do their bit, too, to empower creative and innovative SMEs, and provide them with adequate financing to sustain their growth and ambitions, by way of intangible assets backed-lending.
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Netflix’s vertical integration strategy: I was right on the money
Where does Netflix stand, in terms of expanding its business model, content and distribution channels, worldwide? Where is it heading towards, in the current content distribution ecosystem?
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How to make your creative business compliant with the General Data Protection Regulation (GDPR)
The General Data Protection Regulation (‟GDPR”) is upon us: what is it? How is it going to impact you and your business? What do you need to do in order to become GDPR compliant? There is not a moment to waste, as the stakes are very high, and since becoming GDPR compliant will definitely bring competitive advantages to your business.
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Copyright in the digital era: how the creative industries can cash in
Why authors, songwriters, composers, music publishers, movie producers, scriptwriters as well as digital service providers have everything to win in finding a consensus on copyright in the digital era.
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How to remove links about dead people from Google? The right to be forgotten and the deceased
What to do when a loved one has passed away and some degrading and/or intrusive written content, images or videos are posted on the internet, in relation to his or her death? How can the friends, family and heirs of such dead person re-establish an appropriate image and reputation of the deceased, on the virtual Far West that is the world wide web? How can one remove links about dead people from Google?
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How to make your fashion brand lawfully omnichannel?
Crefovi strikes back with presentation on how to make your fashion brand lawfully omnichannel at Pure trade show on 26 July 2016, attended by trade show goers and press.
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Film finance: how to finance your film production?
While at the Cannes Film Festival in May 2016, we could not help noticing that one of the hottest topics discussed by all film professionals in attendance was film finance, or lack thereof. Also, Crefovi film clients regularly ask for our input on this touchy subject. How to finance your film production nowadays? What are the best strategies to get your film funded and produced, in this day and age?
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Brexit legal implications: the road less travelled
What are Brexit legal implications that creative industries need to know about? On 23 June 2016, during an epic day of flooding in London and South East England, which did not deter a record 72.2 percent of voters to turn out, the United Kingdom (‟UK”) decided to terminate its 43-year membership with the European Union (‟EU”).
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Crefovi is a speaker during MonteCarlo Fashion Week 2016
On 2 June 2016, Annabelle Gauberti, founding and managing partner of London luxury law firm Crefovi, was invited to present a talk on ‟How to make your fashion brands lawfully omnichannel” during the MonteCarlo Fashion Week in Monaco.
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Modern methods of monetisation for independent and major record labels: 360 and beyond
In the music ecosystem, the record label is the “facilitator” and the “doer” that produces, manufactures, distributes, promotes and markets music tracks and albums.
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Crefovi attends 41st Deauville American film festival
Annabelle Gauberti, founding and managing partner of London movie law firm Crefovi, attends 41st Deauville American film festival and gets insider's knowledge on the latest releases of top American indie movies and attends world's premieres of "Everest" and "Knock Knock".
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Neighbouring rights in the digital era: how the music industry can cash in
Why sound recording producers, sound recording artists and performers as well as digital service providers have everything to win in finding a consensus on neighbouring rights in the digital era.
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Crefovi’s take on Midem 2015: wider income streams, that transparency issue and levelling the playing field
Midem 2015 ended yesterday and here are below the three key issues which were discussed and debated during this whirlwind of an international music trade show. Crefovi's take on Midem 2015, conveyed by its founding and managing partner Annabelle Gauberti, below, helps understanding the new challenges faced by professionals from the music sector.
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Crefovi spoke at sync licence masterclass at Midem 2015
Annabelle Gauberti, founding and managing partner of London music law firm Crefovi, co-presented a masterclass on sync licences at Midem 2015, which can be viewed here!
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Media and entertainment law firm Crefovi goes to 2015 Cannes Film Festival
London media and entertainment law firm Crefovi, hot on the heels of joining the Beverly Hills Bar Association, will network, do deals and mingle at the 2015 Cannes Film Festival.
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London sync summit
London sync summit invites Crefovi to attend & speak at sync license conference on 7 & 8 April 2015.
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The new eldorado: video streaming & streaming video content production
Streaming means listening to music or watching video in ‟real time”, instead of downloading a file to one’s computer and watching it later.
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Protection of trade secrets and craftsmanship: what is in the works?
In the legal field, craftsmanship is usually referred to as ‟know-how” or ‟trade secrets”. Unlike trademarks, copyright, designs and patents, trade secrets – which are an integral part of the creative strategy of 75 percent of companies in the European Union (‟EU”) – do not currently benefit from strong protection granted by a harmonised and set framework of rules. Therefore, what's in the works for the protection of trade secrets?
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Why selective distribution makes sense for a luxury or premium business
Through selective distribution, a brand wishing to distribute its products on UK soil or on the whole territory of the European Union, has the right to set a certain number of criteria allowing it to select which dealers will have the right to resell its products.
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Music licences at the IP Clinic: they’re playing our song. Sue them!
What happens when brands fail to secure the right music licences for their advertising campaigns? How do right owners of musical rights react?
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Hip-hop & film stars to market fashion & luxury products: is this for real?
Yes! It happens more & more frequently that celebrities & entertainers market fashion & luxury products. And stars love it, as it compliments nicely their revenues from their entertainment activities & allow them to reach a wider audience. What are the advantages & pitfalls of marketing through celebrities & music bands? How do you strike such deals, in practice?
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New EU consumer contracts legislation came into force on 13 June 2014. Are you ready for this tsunami?
There has been a drastic change to consumer contracts legislation in each of the 28 member-states of the European Union, further to the coming into force, on 13 June 2014, of new national rules transposing Directive n. 2011/83/EU on consumer rights. Let's have a look at how these changes and new EU consumer contracts legislation will affect businesses operating in France and the United Kingdom.
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Why it makes sense to invest in the creative industries and support them
While many fast-growth companies in the creative industries are currently the target of heavy private equity investments and a flurry of mergers and acquisitions, it makes sense, from a tax and financial standpoint, for individuals and corporate investors to go ‟long” on creative startups and SMEs.
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