Creative Industries [BXL]

In today’s (disruptive) economy, a company will often need to demonstrate a certain flexibility and creativity in order to remain competitive in the market. Our team will be happy to assist you in aligning your corporate structure with the needs of your business.

  • Creation of subsidiaries
  • Shareholder agreements
  • Stakeholders
  • Debt restructuring

Our team is specialized in advising and assisting in all types of mergers and acquisitions, regardless of the size and complexity of the deal. You can count on our reliable network of professionals such as accountants, notary public, etc. to get the deal done.

  • Acquisition of a company
  • Merger of companies
  • Acquiring a company or part of a company in difficulty (distressed M&A)

We advise credit institutions, creditors, debtors, directors, shareholders and other actors directly or indirectly involved in an insolvency procedure.

We can assist you both in initiating an insolvency procedure and in defending your interests in the context of an insolvency procedure initiated by a third party.

Our team members are regularly appointed by the commercial courts of Brussels, Ghent, and Leuven as trustees and judicial liquidators.

  • (International) bankruptcy
  • Judicial reorganization
  • Dissolution and liquidation
  • Seizure and enforcement proceedings
  • Distressed companies

Managing a company is a mandate that should not be taken lightly. We advise both directors who are held liable in civil and/or criminal law, as well as third parties who have suffered damages as a result of the actions of certain directors.

  • Directors’ liability
  • Criminal liability for business conduct

Modo combines a thorough understanding of the music industry with a unique insider perspective to assist artists, writers, producers, managers, agents, indie labels, publishers, and other music professionals in all aspects of their careers and business.

Whether it involves copyright and trademark protection, contract negotiations, royalty audits, entity formation, merchandising, or touring-related issues, Modo provides guidance every step of the way.

Aside from providing strategic counsel and transactional support, Modo also represents its clients in mediation, arbitration, and court. Our litigation services are cost-effective and tailored to the specific needs of our clients and the outcome they desire.

Finally, Modo gives special consideration to the protection of the name and likeness of its clients and their commercial exploitation around the world. This also includes defending against defamation and false light.

Modo routinely counsels fashion designers and fashion-related businesses. Our clients are some of the leading forces in haute couture, prêt-à-porter, and urban fashion and design.

Our deep affinity with the industry allows us to quickly and cost-effectively handle everything from intellectual property and licensing matters to business formation, employment issues, real estate and commercial transactions.

Architecture
In 1990, Congress passed the Architectural Works Copyright Protection Act (AWCPA) to fortify the intellectual property rights in architectural designs and blueprints. Modo helps defend architects and their firms against any unauthorized use of their works through negotiation, arbitration, and, where necessary, litigation.

In addition, Modo counsels on historic preservation of architectural buildings, including applications for national, state, or local registers, and guidance on tax-saving and other economic incentive programs such as California’s Mills Act.

Design
Modo also represents clients in the related fields of furniture and product design. We help our clients evaluate different options for securing protection for their designs upon creation and infringement (design patents, copyright, trade dress, utility patents), taking into account the nature of the design, and the scale and territories in which the design will be exploited. Modo also advises on the legal aspects of licensing, manufacturing and distribution, and assists with general commercial transactions and disputes.

Modo regularly works across borders to provide legal services in the fields of visual arts and cultural heritage. Our clients include:

  • Photographers

  • Illustrators

  • Graphic designers

  • Make-up artists

  • Painters

  • Sculptors

  • Fine artists

  • Art galleries

  • Museums & art centers

  • Auction houses

  • Foundations

Modo advises on issues such as copyright law, breach of contract, unfair competition, and moral rights under the Visual Artists Rights Act (VARA) and certain state laws. We also counsel on copyright protection and infringement in an international context.

The firm’s extensive focus on copyright makes Modo a trusted advisor for writers, literary agents, and publishers. Whether we handle a self-publishing venture or review a book publishing agreement, we have a solid understanding of the industry’s unique practices.

We guide our clients through the entire publishing process from beginning to end and ensure that their creative goals are met in a way that is at par with financial standards in the industry.

The legal needs of the performing arts community often present unique challenges and require the background and well-rounded approach that Modo can offer. We represent clients in theatre, dance, opera, classical music, spoken word, comedy, puppetry, illusion, and circus arts.

Aside from talent representation, Modo provides counsel regarding a full range of business, legal and practical issues, including rights acquisition and development, licensing, (co)production agreements, booking and touring contracts, intellectual property issues, the formation of business and non-profit entities, rights audits, licenses and permits, live streaming, non-disclosure agreements, etc.

Through our network, we can also assist with issues of immigration and securing work permits for individual performers and groups.

Modo provides counsel and representation in all aspects of the motion picture and television business. Our client base includes actors, producers, directors and screenwriters.

The firm’s practice covers matters such as first amendment rights, rights of publicity and defamation, talent services agreements, submission of idea and nondisclosure agreements, music licenses and script clearance, adaptation contracts, endorsement deals and product placement, copyright registration and infringement, liability insurance, investor agreements, crowdfunding, breach of contract claims, arbitration and litigation.

  • Export & import
  • Goods in transit
  • Customs debt & valuation
  • Counterfeit goods
  • Brexit related matters
  • Drafting & reviewing logistics & warehousing agreements
  • Freight forwarding
  • Advising, mediating & litigating all forms of logistics & warehousing disputes
  • Maritime and Inland shipping law
  • Arrest of vessels and assets
  • Cargo claims
  • Collisions
  • General average
  • Limitation of liability
  • Charter parties
  • Salvage & towage
  • Maritime & environmental pollution
  • Road, Air and Rail transport
  • Multimodal transport
  • CMR
  • Exceptional transport and dangerous goods (ADR)

With a unique music industry experience and network, we assist our music clients in all their endeavors at every turn. We counsel artists, writers, producers, managers, agents, promoters,  labels, publishers, and other music professionals in all their business dealings and all stages of their development.

Whether it involves copyright and trademark protection, contract negotiations, royalty audits, entity formation, merchandising, touring-related issues, or strategic development, Modo provides guidance every step of the way.

In addition to the legal and strategic advice and transactional support that we provide, Modo also represents its clients in mediation, arbitration, and court proceedings. Our litigation services are cost-effective and tailored to the client’s specific needs and desired outcomes.

Modo also gives special consideration to protecting the name and likeness of our clients and their commercial exploitation around the world. This includes defending against defamation and false light.

Modo provides counsel and representation in all areas of the motion picture and television business. Our client base includes both local and internationally active actors, screenwriters. agents, producers, and broadcasters.

The firm’s practice covers all matters related to audiovisual production, from rights protection, clearance, and acquisition to traditional and new financing models and exploitation.

We assist creative talents in all stages of their careers with both legal and business advice, as well as litigation services.

The legal needs of the performing arts community often present unique challenges and require the background and well-rounded approach that Modo can offer. We represent clients in theatre, dance, opera, classical music, spoken word, comedy, puppetry, illusion, and circus arts.

Aside from talent representation, Modo provides counsel regarding a full range of business, legal and practical issues, including rights acquisition and development, licensing, (co)production agreements, booking and touring contracts, intellectual property issues, the formation of business and non-profit entities, rights audits, licenses and permits, live streaming, non-disclosure agreements, etc.

Through our network, we can also assist with issues of immigration and securing work permits for individual performers and groups.

Modo regularly works across borders to provide legal services in the fields of visual arts and cultural heritage. Our clients include:

  • Photographers
  • Illustrators
  • Graphic designers
  • Make-up artists
  • Painters
  • Sculptors
  • Fine artists
  • Art galleries
  • Museums & art centers
  • Auction houses
  • Foundations

Modo advises on copyright law, breach of contract, unfair competition, moral rights, resale rights, and more. We also counsel on copyright protection and infringement in an international context.

Modo also works on cases involving art transactions, legal and provenance research, restitution claims, art litigation, and settlement.

The firm’s extensive focus on copyright makes Modo a trusted advisor for writers, literary agents, and publishers. Whether we handle a self-publishing venture or review a book publishing agreement, we have a solid understanding of the industry’s unique practices.

We guide our clients through the entire publishing process from beginning to end and ensure that their creative goals are met in a way that is at par with financial standards in the industry.

Modo helps defend architects and their firms against any unauthorized use of their works through negotiation, arbitration, and, where necessary, litigation. Modo also counsels on the historic preservation of architectural buildings.

Modo also represents clients in the related fields of furniture and product design. We help our clients evaluate different options for securing protection for their designs upon creation and infringement (design patents, copyright, trade dress, utility patents), taking into account the nature of the design and the scale and territories in which the design will be exploited. Modo also advises on the legal aspects of licensing, manufacturing and distribution, and assists with general commercial transactions and disputes.

Our activities within media & entertainment include representation of tech start-ups, content owners, software and gaming companies, developers, platform operators, and entrepreneurs in this sector.

We counsel on all commercial matters and agreements in this field, including:

  • Start-up formation and structuring
  • Intellectual property licensing and content clearance
  • App, software and game development and distribution agreements
  • SaaS agreements and EULAs;
  • Outsourcing agreements, wireframe agreements, master service agreements, and SLA’s
  • Website and app terms (including terms of service, privacy policies, and competition terms)
  • Cryptocurrency and blockchain
  • Content creation and exploitation including VR and AI
  • Due diligence and Intellectual property audits
  • Regulatory matters (including GDPR and eCommerce regulations)
  • Investment agreements and corporate structuring

For our advertising clients, communication is crucial to their core business. We offer a unique combination of the established expertise in entertainment law with our insight into the developments that impact this fast-moving sector.

Both in copyright clearances and in contractual negotiations we aim to offer a user-friendly and efficient result that meets the agencies’ and advertisers’ business and creative needs.

Given our expertise in the field of new technologies, a significant part of our work consists of legal support concerning interactive advertising, user-generated content, mobile marketing, ePrivacy, etc.

We also provide support in the field of market practices and consumer rights: price and other notices, regulation on end-of-season sales, contests, premium campaigns, etc.

We have contacts worldwide with other specialist advertising law firms and are accustomed to co-ordinating pan-European clearings.

Modo routinely counsels fashion designers and fashion-related businesses. Our clients are some of the leading forces in haute couture, prêt-à-porter, and urban fashion and design.

Our deep affinity with the industry allows us to quickly and cost-effectively handle everything from intellectual property and licensing matters to business formation, employment issues, real estate and commercial transactions.

Sport is and has been a major part of our media and entertainment practice. We advise athletes and agents, sporting clubs and associations, sponsors, broadcasters, and venues on contractual and regulatory issues facing those involved in the sporting world.

In addition to our knowledge of the numerous national and international sports regulations, our experience in other domains is enriching: intellectual property rights (portrait law, endorsement, branding, sponsoring,…), corporate law, labor law, etc.

We have a genuine understanding of the commercial realities in the sporting world, combining legal skills with active involvement.

The real estate market is prone to frequent and rapid evolution, as it constantly aligns itself with the changing needs of our society. Innovative housing concepts and property uses that depart from the traditional approach are on the rise. They also present new legal challenges.

Since we are intimately familiar with all aspects of real estate and construction and are excited about novel ideas, Modo has been a trusted legal partner for a wide array of atypical real property projects, such as:

  • Co-housing situations
  • Co-working projects
  • Senior housing & assisted living concepts
  • Adaptive reuse of churches and other heritage sites
  • Social housing projects
  • Temporary occupancy of vacant buildings

 

We assist real estate agents in the conduct of their business, which includes such services as:

  • Drafting, negotiating, and reviewing agency agreements, franchise agreements, etc.
  • Recovery of agent’s fees
  • Assistance in obtaining registration at the BIV/IPI
  • Defending the agent in disciplinary proceedings

We counsel our clients in all aspects of real estate-related transactions and have extensive experience catering to the specific needs of landowners, project developers and real estate investors.

Our services include:

  • Handling negotiations for the acquisition of real estate
  • Assistance in obtaining all required permits (socio-economic permit, urban permit, environmental permit, etc.)
  • Performing due diligence: verification of all documents related to the real estate transaction (notarial deeds, permits, by-laws of co-ownership, soil pollution documentation, deeds of mortgage, etc.)
  • Discussions and negotiations with local authorities

We assist contractors, subcontractors, project developers, architects, and other parties involved in construction with all aspects of the building process and help them devise solutions tailored to their specific needs.

Our services in this area include:

  • advice before, during, and after the start of the project
  • drafting and reviewing of contracts (e.g., for architects, general contractors, sub-contractors, real estate developers, principals, engineers, safety coordinators, real estate brokers, and insurers)
  • drafting and reviewing of “temporary association” contracts
  • conducting negotiations
  • handling construction-related disputes in arbitration proceedings, mediation, and court proceedings in matters involving construction liability, insurance claims, the appointment of judicial experts, subcontractor direct claims, timely completion, approval & final inspection, off-plan purchases (“Wet Breyne”), and more.

We assist our clients in all aspects of co-ownership, including:

  • drafting of by-laws;
  • assisting the property administrator (“syndic”/”syndicus”)
  • proceedings before the courts and mediation defending interests of co-owners or associations of co-owners

We assist our clients in all aspects of property-related transactions.

Our services include:

  • drafting of purchase-sale agreements (share-deals)
  • drafting of agreements related to leasehold, usufruct, and rights of superficies;
  • conducting due diligence procedures;
  • advice on soil-remediation issues;
  • advice on building and environmental permits;
  • advice on easements;
  • advice on hidden defects in the sale of real properties;
  • advice on tax-related issues;
  • advice on financing acquisition of real estate;
  • handling construction-related disputes in arbitration proceedings, mediation, and court proceedings.

Whether you are considering opening up a pop-up store, need advice on ending or revising your commercial lease, or are entangled in a dispute with your tenant or landlord regarding repairs or past-due rent, our knowledgeable and experienced team will assist you in addressing the issue correctly, promptly and efficiently.

Our services include, amongst others:

  • Drafting, reviewing, and negotiation of contracts (commercial leases, residential leases, lease of office space, brewery contracts, … ).
  • Assistance when concluding or renewing commercial leases
  • Representation of our clients in proceedings in court, arbitration, or mediation (e.g., recovery of past-due rent amounts or deposits, breach or dissolution of contracts, neighborly disputes, etc.)
  • Advice on squatting laws.

Our team member Dominique Walravens is an authority on commercial real estate law and author of the book (in Dutch) “Modellen voor het bedrijfseconomisch leven: Handelshuur, Draaiboek handelshuurhernieuwing, Handelshuur van korte duur (Pop-up).”

  • Intellectual property litigation

  • Rights of publicity & defamation

  • Copyright protection

  • Trademark & brand protection

  • Historic preservation
  • Legal & strategic consulting

  • Film production
  • Contracts

  • Licensing, royalties & distribution

  • Rights management

  • Content clearance

  • Funding & tax shelter

  • Business development & employment issues

Contact

Inge De Bruyn