The digital revolution in the publishing industry has created diverging challenges and resulted in significant investment in digital rights management to tackle an array of copyright issues. There has also been a notable increase in legal disputes between publishers, authors and e-commerce platforms. Amid unending developments in an ever-changing market, our publishing lawyers continue to deliver exceptional guidance on the full spectrum of traditional and online matters.

Navigating the digital shift

Many hurdles faced by the creative industries collectively derive from new technologies, such as the increased use of text and data mining of content by AI programmes, even where no licences have been granted. Content creation by AI and whether it should be protected by copyright law are also hot topics, alongside the introduction of emerging tools such as blockchain and NFTs to establish fresh ways of generating value from published works. However, this may create further legal complexity that needs to be analysed carefully.

Of particular relevance to academic publishers is the shift towards open access publishing. Scientific funders worldwide require the outputs of research they fund to be readily available to all. To help exploit both existing routes to market and new technologies, while safeguarding rights, commercial interests and the quality of curation, these organisations need dedicated legal support from specialists with the business acumen and awareness to manage risk yet ensure their clients stay ahead of the curve.

For several decades, we have been widely acknowledged as trusted advisers to the publishing sector. Our firmwide team of expert publishing lawyers comprises colleagues from across our commercial, intellectual property, employment, corporate, and litigation practice areas. Our deep understanding of the industry allows us to navigate complex legal challenges – whether handling copyright issues, contract negotiations, data protection, or reputation management, our lawyers demonstrate an unwavering commitment to delivering tailor-made solutions.

We have successfully advised and represented numerous high-profile clients, ranging from regional and specialist publishers to multinational corporations, academic and society publishers, literary estates and charities. Recognised as ‘leaders in their field’ by the main legal directories, our publishing lawyers are praised for being ‘incredibly knowledgeable’ and providing ‘an appropriate level of review without over complicating matters’.

We feel that the individuals at Penningtons Manches Cooper are not just legal professionals; they are trusted advisors committed to delivering exceptional results for their clients.

Legal 500

Highly ranked by both Chambers UK and The Legal 500, our media lawyers are described as ‘an impressive group’, ‘seasoned media professionals’ and ‘easy to deal with at all levels’. They will always bring their knowledge and experience of the industry to bear in devising a one-stop solution, however complex a matter may be.

We recognise the global nature of our sector and actively leverage our international offices and connections, which have been cultivated through our involvement in Multilaw and the European Law Group. This enables us to efficiently obtain and coordinate legal advice across various.

How we help our clients

Corporate transactions, including the acquisition and disposal of publishing assets and businesses

Trade marks and brand protection

Copyright licence, author publishing and editor agreements, including open access licensing

Agency and consortium agreements

Procurement including IT services

New technology platform agreements, including those relating to text and data mining

Data protection and GDPR requirements including data audits and privacy notices

Data breaches and cyber security

Reputation management, defamation and misuse of personal data

Literary estate planning for authors – advice on copyright, brand management and protection

Digital publishing, including digital subscription and cloud-based services, and Web 3 technology

Recent work highlights

International academic publishing

Acting for an international academic publisher for over 30 years on various matters, including corporate acquisitions and sales, the acquisition and disposal of titles and publishing lists, joint ventures, global procurement and the novation of author contracts.

Extensive procurement project

Assisting a major UK-based, multinational academic, educational and trade publisher on a number of different categories in an international procurement project, involving paper, print and bind, content creation, technology, and distribution/warehousing.

Privacy and data protection

Advising a top digital media and publishing business on its privacy policies and related data protection issues.

Academic journl agreement

Drafting and negotiating a research institution’s agreement with a global academic publishing organisation for the launch of a jointly owned academic journl.

NFT regulatory advice

Providing regulatory guidance to a German publishing company in relation to its NFT platform which makes it possible to publish, buy, trade and collect NFT books, audio books and other literary works as digital originals.

Regional media acquisition

Representing Newsquest Media, one of the UK’s leading regional media groups, on its acquisition of Archant Community Media from Rcapital, a private investment firm.

Charity copyright licences

Advising a charity and not-for-profit publisher in respect of a wholescale update of the client’s template copyright licences.

Life sciences publishing

Assisting a not-for-profit publishing organisation in the life sciences sector with licensing copyright in scientific journls to universities and research institutes internationally, including the US, Australia, and EU.

Charity copyright licences

Advising a charity and not-for-profit publisher in respect of a wholescale update of the client’s template copyright licences.

Life sciences publishing

Assisting a not-for-profit publishing organisation in the life sciences sector with licensing copyright in scientific journls to universities and research institutes internationally, including the US, Australia, and EU.

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