Baldi & Caratsch

Media, Entertainment & Art Law

Expert Legal Guidance in the Ever-Changing Media, Entertainment, and Art Sectors

Our firm offers specialized legal services in media, entertainment, and art law. In entertainment, we focus on contract negotiation and structuring. For media matters, we defend against defamation and breaches of personality rights.

In art law, we assist artists, collectors, and institutions with transactions, dispute resolution, and compliance. Our services include advising on art sales, ownership disputes, and anti-money laundering regulations, ensuring that the legal interests of all art market participants are protected.

In the digital age, protecting one’s reputation and personal rights is more crucial than ever. Swiss law provides robust protections against defamation, invasion of privacy, and other violations of personality rights, offering legal remedies to those whose reputation has been harmed by false or damaging statements. Our firm specializes in defending individuals, public figures, and corporate clients against defamation and personality rights violations, providing expert legal counsel and representation in related disputes.

Protection of Personality Rights and Against Defamation

Under Swiss law, individuals are entitled to protect their personality rights, including their honour, privacy, and personal integrity, from unlawful attacks. Our team assists clients in addressing defamatory statements, false allegations, and other harmful publications, whether in traditional media, online platforms, or social media. We provide strategic advice on legal options, from requesting corrections and removals to pursuing damages in court.

Right of Reply and Publishing an Answer

Swiss law grants individuals the right to request the publication of a reply or correction if they are directly affected by false or misleading statements published in the media. Our attorneys are skilled in managing the legal processes required to exercise this right, advising clients on how to draft and submit replies in accordance with statutory requirements, and ensuring that their side of the story is effectively communicated and respected by the media.

Online Defamation and Digital Reputation Management

The rise of online platforms has amplified the challenges of protecting personal and corporate reputations. Our firm provides specialized legal services to address online defamation, cyberbullying, and the unauthorized use of personal data or images. We work closely with clients to develop strategies for digital reputation management, including takedown requests, cease-and-desist letters, and pursuing legal action against perpetrators.

Comprehensive Advice and Preventative Measures

In addition to handling disputes, we advise clients on proactive measures to protect their reputation and personality rights. This includes reviewing media strategies, drafting non-disclosure agreements, and implementing legal safeguards to prevent defamation and privacy breaches. Our goal is to help clients navigate the complex legal landscape with confidence, ensuring that their personal and professional reputations remain intact.

Your Contacts

Thierry Cagianut

Thierry Cagianut

Partner

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Iris Pfander

Iris Pfander

Associate Attorney

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In the fast-paced and ever-evolving world of media and entertainment, legal challenges can arise at every turn, from content creation and distribution to intellectual property protection and regulatory compliance. Our Entertainment Law practice offers comprehensive legal services tailored to the unique needs of creators, corporate clients, and businesses operating within this dynamic industry. We represent individual talents, production companies, agencies, broadcasters, publishers, and other key players, ensuring that your legal and business interests are expertly managed.

Corporate Representation

We represent a wide range of corporate clients, including production companies, advertising agencies, digital platforms, and media networks, providing tailored legal services that address the specific needs of businesses in the entertainment sector. Our attorneys assist with structuring deals, negotiating partnerships, advising on corporate governance, and ensuring regulatory compliance, helping your business thrive in a competitive market.

Content Creation and Distribution

Our team provides strategic legal guidance to production companies, agencies, and studios on all aspects of content creation, acquisition, and distribution across various platforms, including film, television, music, digital media, and print. We handle everything from drafting licensing agreements, production contracts, and talent agreements to negotiating distribution deals and clearing rights, ensuring that your projects are legally sound and positioned for success in the international market.

Talent Representation and Contract Negotiation

Whether you are an artist, actor, musician, writer, or producer, we provide expert legal representation and negotiation services to protect your interests and maximize the value of your work. From drafting talent agreements and management contracts to resolving disputes, our attorneys work closely with clients to ensure fair and favorable terms in all contractual arrangements.

Intellectual Property Protection

Protecting intellectual property is at the core of the media and entertainment industry. Our attorneys are skilled in securing and enforcing copyrights, trademarks, and other intellectual property rights, helping clients safeguard their creations from unauthorized use and infringement. We also assist with brand protection strategies, copyright registration, and litigation to defend your intellectual property rights.

Digital Media and Technology

As digital media continues to transform the entertainment landscape, our firm is at the forefront of advising clients on legal matters related to streaming services, social media, digital rights management, and emerging technologies such as AI, NFTs, and blockchain. We help our clients navigate the legal implications of these technologies and develop strategies to protect and monetize their digital assets.

Dispute Resolution and Litigation

In an industry where disputes are inevitable, our seasoned litigators represent both individual and corporate clients in arbitration, mediation, and court proceedings. Whether dealing with contract disputes, copyright infringement or rights violations, we have the experience and expertise to achieve favorable outcomes and protect your interests.

Your Contacts

Thierry Cagianut

Thierry Cagianut

Partner

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The art market is a vibrant and complex sector that requires specialized legal expertise to navigate its unique challenges. We offer comprehensive legal services tailored to artists, collectors, galleries, museums, auction houses, and other stakeholders in the art world. Our team provides strategic advice and representation on a wide range of art law matters, combining deep industry knowledge with a commitment to protecting our clients’ interests in this dynamic field.

Art Transactions and Contract Negotiation

Art transactions require careful legal structuring to ensure clear ownership, authenticity, and compliance with applicable laws. Our attorneys assist clients with buying, selling, and lending artworks, drafting and negotiating sales agreements, consignment contracts, and loan agreements that safeguard the interests of all parties involved. We provide due diligence services to verify provenance, title, and authenticity, helping clients make informed decisions in art acquisitions and sales.

Art Disputes and Litigation

Disputes in the art market can arise from authenticity claims, provenance issues, breach of contract, or alleged art theft. Our experienced litigators represent clients in complex art disputes, advocating on their behalf in mediation, arbitration, and court proceedings. We handle cases involving fraud, restitution claims, and ownership disputes, working diligently to achieve favorable outcomes and protect our clients’ interests.

Estate Planning and Art Collections

For collectors and families, the management and succession of art collections require careful planning to preserve value and legacy. Our attorneys provide expert guidance on estate planning, art donations, and the establishment of private foundations, ensuring that collections are handled in accordance with the collector’s wishes. We offer tailored solutions for the transfer of artworks, advising on tax implications and the legal aspects of gifting or bequeathing art.

Intellectual Property and Copyright Protection

Artists and art market participants must protect their intellectual property rights to preserve the value and integrity of their work. Our firm provides legal counsel on copyright protection, licensing, and the management of artists’ rights, including resale royalties and moral rights. We assist clients in securing and enforcing their IP rights, addressing issues of infringement, unauthorized reproduction, and the misuse of artistic works.

Cultural Property and Repatriation

Navigating the legal landscape of cultural property and repatriation is critical for museums, collectors, and institutions dealing with historically significant or sensitive artworks. Our attorneys provide guidance on compliance with international laws and treaties, including the return of looted or stolen art. We work to resolve claims related to cultural heritage, offering strategic advice to ensure ethical and legal integrity in art acquisitions.

Art Market Compliance and Anti-Money Laundering (AML) Regulations

With increased scrutiny on the art market regarding anti-money laundering (AML) compliance, it is essential for market participants to adhere to evolving regulatory standards. Our firm advises clients on implementing AML procedures, conducting client due diligence, and ensuring compliance with Swiss and international regulations. We help galleries, auction houses, and dealers establish best practices to mitigate risks associated with financial crime.

Art Finance and Collateralization

The increasing value of art as an asset class has led to the rise of art financing and the use of artworks as collateral for loans. We advise clients on structuring art finance transactions, working closely with banks, financial institutions, and private lenders to facilitate secure lending arrangements. Our expertise ensures that both lenders and borrowers navigate these complex transactions with confidence and legal clarity.

Your Contacts

Thierry Cagianut

Thierry Cagianut

Partner

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Michele Caratsch

Michele Caratsch

Partner

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Letícia Morais

Letícia Morais

Counsel

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