Many film companies in India fall for this trap. Co-ownership of IP in films with either the Directors or even the other non-financing producer as a sweat equity. The practical problem becomes apparent at a later stage, many years later, when a particular film ceases to be a standalone valuable work but has value only as part of library. Companies trying to leverage their IP is such films, or similarly, if companies are going through corporate re-structuring through M&A or PE or simple sell off, the IP being joint in the films becomes a big issue. Hence myopic views (limited to the P&L of the film or the year-end quarter) at the time of IP creation should be avoided and expert opinion and diligent, strategic structuring and drafting to be adopted.
Co-ownership of IP rights raises difficult factual and legal issues. The implications of joint ownership, including where an exclusive licence is terminated by one or not all the co-owners, should be contractually regulated. Read Francesca Rombolà article on BrandWrites here: https://lnkd.in/eh7C2uZj #trademarks #brands #jointowners #italy
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