Creative and artistic Industry

The LSW lawyers advise originators of ideas, performers and authors, whose intangible assets require legal protection. Among the LSW clients are:
 

  • Advertising and Public Relations agencies as well as media houses 
  • Artists and their agents
  • Music, book and magazine publishers
  • Film and television producers
  • Organizers of cultural and sports events
  • Organizers of contests and games of chance
  • Fashion and design 
Advertising agencies, Public Relations and media houses

LSW provides services for participants of the advertisement market, in its broadest meaning, including ad agencies, production houses, media houses, event agencies, PR companies, DTP studios, interactive and internet agencies and others who co-create advertisement materials, as well as organizations in the advertisement industry. The LSW Team prepares, assesses and negotiates contracts on all levels of cooperation, evaluates ad campaign concepts and advises in sensitive advertisement, marketing and promotion matters where various legal demands must be met.

Specific knowledge is required to help with the promotion and advertisement of sensitive products – tobacco, alcohol and medicine. Many campaigns of this kind were created with the active support of LSW.

Unfortunately disputes do occur in the advertisement industry. LSW represents clients in conflicts connected to infringement of copyright, and also in conflicts between competitors based on laws protecting fair competition. Due to  regulations protecting consumers, clients are also represented before the Office for Competition and Consumer Protection and proceedings before the Board of Advertising.

LSW has worked for the advertisement industry for over 18 years. Knowledge of the law and experience have contributed to the fact that LSW lawyers have been giving lectures of advertisement law in the Advertisement School run by the Association of Marketing Communication (www.sar.org.pl).

Artists and their agents

The LSW lawyers cooperate with people from show business and the entertainment industry, especially actors, artists, singers, instrumentalists, bands, models as well as the agents of the above mentioned individuals. Among the tasks of the LSW Team, are such duties as writing, assessing and negotiating contracts between artists and record labels, between artists  and traditional and new media, between advertisers and publishers, between models and actors and their agents or producers. The LSW lawyers also help well-known people establish beneficialcontent for permits to use personal interests in the media and in advertisement and write and negotiate merchandising contracts.

Music labels, book and press publishers

The LSW team cooperates with many publishers, providing them with complex legal services, including the writing of standards of documents and procedures necessary for each publisher to have, as well as contracts between executors and publishers.

In their work for the publishing market, the LSW lawyers not only help in building legal relations with authors, executors and foreign publishers, but also help in creating business models, transactions of title, editing and content interception. 

Film and television producers

The LSW lawyers provide legal services to various individuals and subjects in the entire film and media community, especially producers of films, commercials, TV shows and operators, directors, script writers, script doctors, actors, production managers, lectors, production studios, production financiers, subjects interested in product placement and sponsoring, TV and radio broadcasters and owners and managers of interactive and digital media.  The Team participates in all stages of making the film, from helping at the stage of creating the screenplay and eliminating threats, through establishing the best legal form of co-production, elaborating and negotiating documents and preparing and negotiating contracts with all film makers.

Many years experience on the TV and film market have resulted in the LSW lawyers leading trainings in film law in the trainings organized by the National Chamber of Film Producers. These trainings have included, among others:

• Contracts with artists, performers and film co-creators

• Legal framework of cooperation in the film production process and financing film productions

• Product placement and sponsoring in film and on TV

• Including readymade tracks / objects of related rights to the film

• The ins and outs of contracts with script writers in the development stage

•  Underlying rights – literary work as a basis for an audiovisual creation

• Conflict between producer and co-creators

• Distribution contracts

• Producers’ responsibility in film production and use

• Development in the film production process (underlying rights, chain of title, script clearance, option contracts, adaptations, how to set up cooperation with partners on this stage, etc)

• Legal framework of cooperation in film production process and financing a film production (investment contracts, co-production contracts, contracts with TV stations, forms and models of cooperation, settling of accounts, rights and duties of both parties, etc)

 

Organizers of cultural and sports events

LSW provides complex legal services for media events, mass events and concerts and festivals (both Polish and foreign). The lawyers at LSW conduct negotiations and support their clients in negotiations, drawing up contracts and documents essential to preparing and carrying out this type of event.

Organizers of contests and games of chance

The LSW lawyers assess new concepts of games of chance, contests, loyalty programs and other marketing actions, checking that they are in accordance with the law. Within their practices, they elaborate projects with the rules and regulations for these games of chance, contests, loyalty programs and help their clients attain permits for organizing gier losowych,  especially promotional lotteries. 

Help in such activities is often connected with matters concerning new technology and the processing of personal data. Due to frequent legislative lacks and discrepancies, the many years of experience that LSW has in this area, come in handy.

Fashion and design

The world of fashion and design involve many areas of the law and various matters concerning intellectual property. The LSW, knowing the realities and rules of functioning of the fashion and design market, help in preparing contracts necessary to work in this industry, including licensing contracts, contracts with models, contracts for use of image, contracts concerning organizing of fashion shows, participation of celebrities in events or cooperation between popular clothes brands and well-known designers. They also support clients in creating strategies for the protection of their designs and brands, helping in attaining exclusive rights, registering trademarks and advising and taking legal action in situations where the rights of models, designers and producers have been infringed upon.

Maciej Kubiak Attorney at law, Partner Intellectual Property
Maciej Ślusarek Attorney at law, Partner Intellectual Property
Paweł Baran Attorney at law Business and Investments
Katarzyna Ciepiela Attorney at law Intellectual Property
Maciej Dudek Attorney at law Intellectual Property
Joanna Kieszek Attorney at law Intellectual Property
Michał Klimowicz Attorney at law Business and Investments
Michał Krysik Tax adviser Taxes
Katarzyna Lejman Attorney at law Intellectual Property
Hanna Marcinkiewicz Attorney Trainee Intellectual Property
Bartosz Mysiak Attorney at law Intellectual Property
Piotr Nikołajuk Attorney at law Intellectual Property
Agnieszka Sidorowicz Trainee Legal Advisor Intellectual Property
Anna Stykowska-Sikora Attorney at law Labor law
Sandra Wieczorek Attorney at law Intellectual Property

New model of digital television for a significant press publisher

The commitment of the LSW team in this matter concerned assessing the project in terms of accordance with Polish and European law, elaborating solutions that minimized legal risk and preparing documents connected to creating the legal and organizational  structure of the television.

Copyrights for the Polish Radio

The LSW lawyers created and negotiated a set of general contracts with organizations of collective management of copyright and related rights, they have developed a new model of cooperation with CMOs in regards to traditional broadcasting and the use of songs and performances on the Internet and other new forms of exploitation.

"In darkness" - Polish Academy Award nominee

For the Polish co-producer, Film Studio Zebra, LSW conducted full legal service of the Polish-Canadian-German co-production titled In Darkness, directed by Agnieszka Holland. In 2012 the film was nominated for an Oscar in the Best Foreign Motion Picture category. Within this project, the LSW lawyers negotiated the co-production agreement, rules of recoupment, the contract with the director, the contract for global distribution, the contract with the collective agent, as well as prepared the contracts with actors and crew   and finally, verified the documents concerning chain of title. They also supplied the Polish producer with ongoing advice concerning various legal issues regarding the development process, production, post-production of the film and its exploitation. 

The Audiovisual Market Arbitration Court

LSW created the legal foundation (statutes, regulations and other documents) for the The Audiovisual Market Arbitration Court to operate in Poland. It is their task to solve conflicts in the film, advertisement and other such industries; where  rights are created or used on intangible property. This court is a pioneering solution in Europe.

Social-educational campaign December 13th. 

On behalf of a Literary Publisher and its author, the  LSW team cooperated with, among others, the  National Memorial Insitute and the National Culture Center to organize the December 13th campaign. It consisted of a multitude of different activities of a social-educational character. The legal services mainly involved preparing and negotiating copyright contracts with creators and campaign partners

Distribution of music by press publisher

LSW defended the president of listed press publisher in a lawsuit regarding the distribution of a song as an insert in a magazine. The accused was found inncocent.

Unfair competition

LSW lawyers took part in recovering a well-functioning marketing company which had been acquired by a large multinational company through the acquisition of the authorities, staff and customers in a manner which violated the rules of fair competition. The breech of the rules consisted of persuading staff and customers to transition to the new company. However, this was done in violation of business secrets and other ethical principles of the market. The use of legal instruments, including litigation, business knowledge and experience in the IT sector led to the payment of huge damages by the corporation, which fully compensated the acquired company.

Tax optimization

Specialists at LSW are the authors of safe and functioning solutions that enable the minimization of the tax burden, including utilizing limited joint-stock companies, as well as companies based in countries with friendly tax systems. Thanks to their knowledge and experience, the LSW team has built and implemented structures that optimize taxes, including the use of a trademark (for the company Ferrum SA and IMM Ltd.)

Advertising agencies, Public Relations and media houses

Advertising Service for one of Poland’s largest banks

At the request of one of the largest banks in Poland, the LSW lawyers created a system of contracts for comprehensive advertising service by selected advertising agencies. The team also supported the bank in the process of negotiating these agreements.

Terms of cooperation between advertisement agencies and actors for SAR

On assignment from the Association of Marketing Communication SAR, the LSW lawyers wrote a model contract describing the scope and principles of mutual relations between advertisement agencies and actors performing in commercials. This contract standardizes and makes cooperation more effective, as well as  ensuring security ensure the safety of trading intangible property rights in this regard.

The boundaries of copyright protection and fair use

LSW is participating in the unprecedented conflict on the Polish market between one of the biggest interactive agencies and a magazine publisher. The conflict concerns the possibility of using reprints  from the printed press in news broadcasts online. The issues assessed by the court are among others, the limitations of copyright of simple information and the fair use doctrine.

Tax deducted at source in advertising production

The LSW lawyers have successfully represented clients from the advertising industry in disputes with the IRS concerning the necessity of deducting tax at the source from royalties paid to entities located outside the borders of Poland

Hollywood stars in advertising

The LSW law firm represented advertising agencies and their clients in negotiating and signing contracts with celebrities form the worlds of cinema, television and music, regarding their appearance in advertisements. The LSW lawyers provided legal services for the agencies throughout the negotiations and cooperation with 4 A-listed Hollywood celebrities, who appeared in TV commercials, in the press and on billboards in Poland.

Artists and their agents

Protecting the right to privacy

The  LSW team lead the case of one of Poland’s foremost singers against a tabloid, regarding a publication describing sensitive aspects of her private life. The Warsaw Court of Appeals ruled in favor of the client and forbade the journalists from pursuing her. It was a case which was widely commented on in the press, and the ruling has significantly influenced how paparazzi operate in our country. 

Terms of cooperation between advertising agencies and actors for SAR

On assignment from the Association of Marketing Communication SAR, the LSW lawyers wrote a model contract describing the scope and principles of mutual relations between advertising agencies and actors performing in commercials. This contract standardizes and makes cooperation more effective, as well as ensuring the safety of trading intangible property rights in this regard.

Defending copyright of heirs

A dispute between heirs and a factory concerned the illicit use of a character, the hero in a childrens story, in the production of a toy. Thanks to the efforts of  LSW production was ceased. The case was settled and it was decided that the factory would share the profit made from sales of the toys.

Discography

LSW prepared the album release of one of Polands most famous creators and producers in the entertainment industry. It was necessary to create the legal frameworks of the enterprise, contracts with artists and gaining rights, contracts with distributors, contracts with sponsors and establishing relations with all appropriate  collective management organizations

Music labels, book and press publishers

Introduction of the Point Group Media Platform on the Stock Exchange.

LSW provided comprehensive legal service in the process of introducing PMPG S. A., the publisher of such magazines as the weekly title „Wprost” and the monthly title „Film”, by method of acquiring another company, already listed on the WSE.

Google Books

The LSW lawyers represented several Polish book publishers in the case of possibly settling in regards to the Google Books project. The aim of the settlement negotiated with Google by the American publishers and authors, and then extended as a result of becoming a class action suit by publishers and authors from all over the world, was to win the right to digitalize the entire global collection of books. Due to hesitations and doubts concerning the effectiveness of the settlement in international relations, as well as fears of excessive privileging of Google on the e-book market, the settlement was not agreed on by the LSW Clients.
 

Film and television producers

Television Formats

The LSW lawyers have assessed and negotiated contracts concerning the use of foreign television formats, negotiated contracts for getting and using additional rights (merchandising rights, interactive rights, telephone rights) and have advised in terms of creating and protecting elements of the format, as well as the production of TV programs and organizing contests connected to these and creating the legal framework of such media endeavors.  LSW has cooperated on many formats realized in Poland, among others: Voice of Poland, Top Model, How They Sing (Jak Oni Śpiewają), I Love You Poland (Kocham Cię Polsko), Szymon Majewski Show.

Film co-productions

The LSW lawyers have cooperated with one of the most prolific Polish film animation studios in creating the terms of cooperation in three international co-productions, one of which was about the Warsaw Uprising.

Organizers of cultural and sports events

Cycle track PZKol

The LSW lawyers provide legal services for the Polish Cycling Federation, including the case of the debt of the main contractor of the cycle track in Pruszkow. In working on this case, the LSW Team diagnosed the legal issues and worked out a strategy and tactic for court proceedings.

Polish concert in London

The LSW Team advised the Polish agency STX Jamboree in organizing a concert with Polish artists in London. The lawyers fully participated in the negotiations: from organizing contracts with the sponsor to contracts concerning promoting, organizing and having the concert. The team also drafted the contracts for renting the stadium and contracts with the artists.                                                            

Polish Pavilion for EXPO 2010

The LSW law firm prepared contracts for the script at the Polish Pavilion, as well as for the animation and visualization, which were presented there. The films prepared by the Client were evaluated in terms of archival materials and image copyright used and the LSW team also worked on the contracts between the Client and the filmmakers and those granting licenses for the fragments used.

Organizers of contests and games of chance

World Cyber Games

The LSW lawyers provided complex legal services for the 10 year anniversary of the biggest and most prestigious e-sport tournament - World Cyber Games.

Fashion and design

Infringement of rights of a famous fashion designer

The LSW Team advised a famous Polish fashion designer concerning the matter of shirts which very closely resembled ones designed by him, being sold on an online auction website. Thanks to the action taken by LSW, the sale of the shirts imitating the designers’ work was stopped, and the two parties came to an agreement regarding damages.

Collaboration between a famous fashion designer and a popular clothing brand 

The LSW Team participated in preparing contracts, which enabled collaboration between one of the most recognized Polish designers and a popular clothing brand. Thanks to the suport of LSW a limited collection of clothes by the designer was created for the famous brand.

Licensing contract with heirs of a famous Polish designer of furniture

The LSW lawyers helped in arranging a licensing agreement with the heirs of a famous Polish designer of furniture who worked in the 1950’s. Thanks to this collaboration, one of the companies on the Polish market began the production of chairs designed by the artist, which are also greatly appreciated today. 
 

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