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CQS/FV Advogados: Streamers are reevaluating their investments, seeking the right balance between risk and return
Maribel Ramos-Weiner| 11 de diciembre de 2024
José Maurício Fittipaldi, partner at the Brazilian law firm Cesnik, Quintino, Salinas, Fittipaldi & Valerio Advogados (CQS/FV Advogados)
José Maurício Fittipaldi, a partner at the Brazilian law firm Cesnik, Quintino, Salinas, Fittipaldi & Valerio Advogados (CQS/FV Advogados), which specializes in the Latin American media and technology industries, highlights how legal issues have grown more complex in recent years. The firm serves clients including producers, distributors, streaming platforms, and talent across the audiovisual, music, and video game sectors.
“Topics such as data protection, privacy, digital distribution, internet platform liability, and digital content production are now at the forefront. Lawyers in the entertainment industry have seen their roles expand significantly, leading our firm to broaden the range of services we offer,” Fittipaldi stated.
He also noted recent discussions about intellectual property and artificial intelligence, along with regulatory decisions affecting market competition. “Previously, markets and competitors were well-defined. That’s no longer the case. For example, Brazil’s antitrust agency recently issued regulations addressing competition in the media industry, explicitly including digital platforms alongside cable TV companies,” he explained.
INTERNATIONAL INVESTMENT IN CONTENT
Fittipaldi observed that content production has grown exponentially due to competition between streaming platforms and traditional TV, leading to a sharp increase in production investment. These investments are now globally sourced, not just from the U.S., but also from Latin America, Europe, and Asia. “This shift brings significant challenges for lawyers regarding copyright, clearances, contracts, rights reservations, and other issues tied to local content production,” he remarked.
ARTIFICIAL INTELLIGENCE
He highlighted artificial intelligence (AI) as a major frontier. “There are more questions than answers. The way the industry will use AI is still unclear, but it could impact areas like intellectual property and labor. Many Latin American countries lack specific AI regulations. Our firm is actively involved in ensuring proposed laws don’t unnecessarily restrict business growth and industry development,” Fittipaldi added.
STREAMERS REEVALUATING INVESTMENTS
One noticeable trend, according to Fittipaldi, is that streamers are reassessing their investments, aiming to balance risk and return.
“There’s growing emphasis on projects that access subsidies and local incentives or pursue co-productions with investors. This trend is particularly strong in Brazil and across Latin America. I’ve seen significant momentum for international co-productions, enabling producers to secure funding from multiple countries,” he said.
For international co-productions, his firm offers assistance at every stage, from obtaining local funding to negotiating and finalizing international contracts.
FUTURE CHALLENGES
The key challenge will be identifying the business models that best navigate a new environment of tighter investment control alongside government mechanisms to fund the audiovisual industry.
“Streamers are more open to reserving rights for producers in specific territories and understanding the financial restrictions imposed by local funding mechanisms. Producers must adapt to this more complex and sophisticated landscape. This will be a critical challenge over the next two to three years,” Fittipaldi concluded.
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