Arts & Digital Media

Representative Work

• Assisting the Prestigious Al Thani Collection Foundation -Safeguarding Global Cultural Heritage in Romania. In a landmark engagement in conjunction with a major UK law firm, Mararu & Mararu SCA provided comprehensive legal counsel to a renowned royal foundation, the guardian of the world's largest private art collection, the Al Thani Collection, encompassing priceless masterpieces spanning centuries of European art history. Our team conducted meticulous due diligence on a portfolio of iconic works destined for exhibition in Romania, delivering expert legal opinions on intricate export controls under UNESCO's World Heritage conventions and Romania's stringent cultural patrimony laws. We navigated complex liabilities, intellectual property rights, and contractual frameworks for collaboration with Romania's premier national art museum, the largest in the country, mitigating risks associated with international transport, insurance, and public display. This strategic partnership reinforced the foundation's commitment to preserving global heritage, all while complying with EU directives on cultural assets. Our tailored approach minimized regulatory hurdles, showcasing our firm's deep expertise in art law, cultural patrimony, and cross-border transactions.
• Representing National Publishers Associations: Assisted The Book-Publishing Houses and Editors Association (ADEPC), The Romanian Literature-Publishing Houses and Editors Association (APLER), The Pedagogical Publishing Houses Association (AEPP), The Publishing Houses Association of Romania (SER), The Bucharest Mass Media Broadcasters & Publishers Association (ADPR) with national social dialogue representation within the tripartite committee including the Labor Ministry and the trade unions, and with litigation in Bucharest courts.
• Representing the National Film & Audiovisual Producers Industry Association: Assisting The Film and Audiovisual Producers Association (UPFAR), industry/employers association, with nation-wide social dialogue representation within the tripartite committee including the Labor Ministry and the trade unions, and with litigation in Bucharest courts.
• Media & Advertising Agency Creative Department Reorganisation and Creative Director Onboarding: Assisted one of Romania's top media and advertising agencies with creative department's reorganisation, including with onboarding a world-stage reputed creative professional and manager as the agency's creative director.
• Cinema/Movie Theatres Ownership Due Diligence & Dispute Resolution: Assisting with due diligence, administrative restitution applications, and ownership disputes concerning two famous, downtown
  Bucharest, cinema/movie theatres.
• National Bank of Romania's Numismatic Collection Custodianship Title: Assisted with due diligence and legal guidance throughout the process of recovering of a previously illegally state-confiscated seizable, high cultural and financial value, numismatic collection for a US art and coins collector.
• Art Museum Acquisitions: Assisted throughout a Bucharest municipality-owned & run art museum's acquisition procedure of a Middle Eastern cultural heritage exhibit of an unique and immense cultural and museographic value as an addition to its permanent exhibition.
• Major Italian Music Festival Licensing in Romania: Provided legal guidance during the exploratory overtures of a major Italian music festival producer looking to license the format of one of Italy's most famous youth pop music festivals in Romania.
• VIP Defamation Prosecution & Defense Cases: Court representation for two Romanian VIPs, litigating as plaintiff against one of the top Romanian printed newspapers in one case, and as defendant against a top Romanian business leader respectively in another.
• Austrian Media Studio's Flagship IP Asset Protection: Legal assistance and representation in Romania on behalf of a major Austrian media studio with prosecuting the infringement of the studio's main brand animation flagship IP product, a world famous cartoon character, by a local infringer.
• French Haute Couture House Regulatory Compliance: Assisted with comprehensive legal opinions and advice on IP, labelling and packaging regulatory compliance in Romania.
• US' Foremost Sports Brand: Assisted with comprehensive legal opinions and advice on IP, labelling and packaging regulatory compliance for sports apparel and equipment in Romania.
• ITF Advertising Licensing Rights: Assistance and administrative representation of the International Tennis Federation concerning gambling advertising rights and licensing in Romania.
• The Largest Mainstream News Publisher (Print) Legal Assistance: guided a major Swiss news corporation holding throughout personnel/journalists departments restructuring implications under the Romanian Labor Code for its biggest Romanian daily news outlet (print) publishing, the internal market's top product by readership and number of print issues.
• Leading International Art Auction House Dispute: Provided legal assistance and dispute resolution in a matter pertaining to the auction house's terms and conditions, one of the world's top international auction houses held in very high international regard for their experts' art curations.
• Very Large Media Group's International Expansion: assisted in the overtures assessing the biggest Romanian media group's expansion on new international markets for over 75% of their segments, implicating legal assistance on segments, formats and product licensing, broadcasting rights, corporate financing, corporate and offshore structuring.
• Top Brewery Brand TM Artwork Dispute: Flagship brand trademark (artwork) dispute resolution on Romania's top brewery brand by market share.
• State Theatre Creative Dispute: Provided legal guidance, dispute mitigation and resolution on a major State Theatre's disputes over artistic leadership, involving personnel assignments, roles, organization and litigation defense.
• Protected Design Counterfeiting Prosecution: Pre-trial evidence preservation and court prosecution involving an industrial design counterfeiting on behalf of a patent owner - a major Romanian energy producer.

Intellectual Property Protection and Enforcement

• Registering and enforcing copyrights, trademarks, patents, and design rights for original works, including songs, films, video games, scripts, visual digital artworks, photographs, architectural designs, graphic illustrations, fashion collections, NFTs, industrial designs, and other digital media assets to prevent unauthorized use or counterfeiting.
• Advising on fair use, public domain adaptations, remixes, sampling clearances, interpolations, and model releases for musicians, filmmakers, photographers, digital creators, and architects adapting historical structures.
• Protecting artists' and corporate brands' names, images, likenesses, and royalties through licensing and enforcement against infringement, including for theater actors, singers, dancers, visual artists, photographers in stock agencies, architects in building projects, and companies like publishing houses or advertising agencies facing brand dilution.
• Handling authenticity disputes, appraisals, anti-counterfeiting measures, and provenance verification for decorative arts like paintings, sculptures, collectibles, and cultural artifacts in museums, private collections, art galleries, or auction houses.
• For corporate clients: Defending IPR portfolios for distributors, producers, publishing houses, and industrial design owners against piracy; conducting IP audits for newspapers and media companies; protecting trade secrets in cross-sectoral providers like media equipment suppliers or art supply manufacturers.

Contract Drafting, Negotiation, and Review

• Preparing and negotiating performance, production, distribution, and co-production agreements for performing arts, such as actor contracts for theater, film, TV, or digital broadcasts; singer deals with record labels; dancer engagements with production studios; distributor pacts for sales channels; and venue leases for theaters or movie theaters.
• Drafting gallery representation, consignment, exhibition, and auction agreements for decorative arts, including for artists, curators, museums, galleries, collection owners, and art galleries handling high-value transactions.
• Negotiating synchronization licenses for music in films, ads, TV, or digital media; endorsement deals for influencers, artists, and brands; brand collaborations (e.g., NFTs with luxury brands or fashion designers); publishing contracts for writers and photographers with publishing houses or newspapers; and architectural service agreements for architects with developers.
• Reviewing management, band, collaboration, freelance, and graphic design contracts, including for co-writers, producers, graphic designers, fashion designers, venue performances, and cross-sectoral partnerships like event organizers with media equipment providers, with strategies for amicable separations, terminations, or buyouts.
• For corporate clients: Structuring joint ventures for producers and distributors; negotiating supply chain contracts for art supply manufacturers or transportation companies; reviewing ad compliance agreements for advertising agencies; and handling real estate contracts for theaters, movie theaters, or art galleries.

Licensing and Monetization

• Securing licenses for media broadcasting, advertising channels, digital distribution, and streaming, including royalties collection for songs, films, photographs, architectural designs, and NFTs across platforms like streaming services, social media, and stock photography sites.
• Advising on publishing, co-publishing, catalogue sales, and digital rights management for musicians, composers, writers, and photographers, ensuring proper royalty statements and payments from labels, broadcasters, publishing houses, or newspapers.
• Handling art finance, loan agreements, and securitization using cultural assets as collateral, including for collectors, galleries, museums, and industrial design firms.
• Facilitating merchandising, influencer partnerships, brand endorsements, and commercialization vehicles for artists in performing and decorative arts, such as fashion designers licensing patterns or graphic designers monetizing via print-on-demand services.
• For corporate clients: Optimizing revenue streams for distributors and producers through global licensing deals; advising event organizers on sponsorship agreements; structuring IP licensing for cross-sectoral providers like software developers creating AI tools for creatives or media equipment suppliers integrating tech.

Litigation and Dispute Resolution

• Representing clients in infringement claims, ownership disputes, defamation cases, or freedom of press defenses, such as contested art authenticity in galleries, copyright battles over digital media, or libel suits for newspapers and broadcasters.
• Handling restitution, repatriation, and cultural property disputes for artifacts in museums or private collections, navigating international laws, ethical guidelines, and EU regulations.
• Defending against accusations of theft, plagiarism, or design infringement in performing arts, like script, choreography, or industrial design disputes among production studios, distributors, architects, or fashion designers.
• Litigating antitrust issues in art markets, employment disputes in media companies, First Amendment protections for broadcasters and advertisers, or liability claims for event organizers and cross-sectoral providers like art transporters.
• For corporate clients: Resolving mergers and acquisitions disputes for publishing houses or producers; handling product liability suits for art supply manufacturers; defending against regulatory actions for streaming platforms or advertising agencies.

Regulatory Compliance and Advisory

• Ensuring compliance with labor laws, union agreements, consumer protection, and health/safety standards for production studios, broadcasters, advertising channels, theaters, movie theaters, and event hosts and organizers.
• Advising on anti-money laundering, sanctions, export/import regulations, and customs for international art transactions, media deals, or cultural asset movements involving embargoed countries, particularly for galleries, museums, and transportation companies.
• Guiding visa applications (e.g., visas for artists, for extraordinary ability) and work permits for international performances by artists, dancers, musicians, or architects collaborating on global projects.
• Providing counsel on data privacy (e.g., GDPR, Romanian data laws) for digital media broadcasters, NFT platforms, streaming services, and software developers handling user data in creative tools.
• For corporate clients: Navigating antitrust and competition law for mergers in publishing or media; advising on environmental regulations for industrial design owners; ensuring ANCOM compliance for broadcasters and cross-sectoral tech providers (ANCOM - the National Agency for Management and Regulation in Communications).

Estate Planning, Charitable Giving, and Legacy Management

• Structuring trusts, estates, and tax plans for artists' legacies, including charitable donations to museums, foundations, or cultural organizations.
• Advising on gift agreements, NAFA audits (the National Agency of Fiscal Administration), on valuations for art collections, ensuring tax-efficient transfers for collectors, institutions, and corporate donors like publishing houses gifting archives.
• Forming nonprofits for cultural organizations, record labels, artist foundations, or cross-sectoral entities like art education providers, with ongoing administration support.

Corporate and Business Structuring

• Setting up entities for collaborations, IP holdings, production companies, or cross-sectoral ventures, including shareholder agreements, corporate restructuring, and mergers/acquisitions for publishing houses, producers, distributors, or advertising agencies.
• Coordinating with accountants for financial planning in media ventures, festivals, galleries, or industrial design firms, including venture capital raises for streaming startups.
• Handling financing, insurance, shipping, conservation, and risk management for art assets in institutions, private sales, or cross-sectoral providers like art insurance firms and transporters.
• For corporate clients: Advising on corporate governance for theaters and movie theaters; structuring equity deals for event organizers; providing due diligence for acquisitions of IPR portfolios by cultural asset holders.

Clients

Our lawyers advised on a broad variety of art, media and cultural matters, from the world's most valuable private art collection exhibitions and insurance to cultural patrons and cultural heritage export controls, exhibition organisers, news & media outlets, publishing houses and their employers associations and federations, music records manufacturers and distributors, and gaming industry powerhouses to art studios and artists.

Our Romanian law firm caters to a wide spectrum of natural and legal persons in the arts, media, and culture sectors, both domestically and internationally:

• Individual Creators: Actors, singers, dancers, painters, sculptors, photographers, architects, writers, graphic designers, fashion designers, filmmakers, musicians, composers, playwrights, performers, curators, influencers, collectors, and other independent creatives seeking protection and monetization of their work.
• Corporations and Institutions: Publishing houses, newspapers and other publishers, theaters, movie theaters, art galleries, museums, record labels, film studios, distributors, producers, broadcasting companies, streaming services, advertising agencies, event organizers, cultural foundations, nonprofits, industrial/product design firms, IPR holding companies, digital media platforms, stock photography agencies, software developers for creative tools, art supply manufacturers, media equipment suppliers, art insurance providers, transportation and logistics companies for cultural assets, auction houses, merchandising firms, brand licensing entities, and cross-sectoral service providers supporting the sector (e.g., tech integrators for VR/AR in arts, financial institutions specializing in art loans).

Legal Service Features

• Tailored and Cross-Disciplinary Expertise: Customized solutions drawing from our integrated practices in aerospace, tech & AI, and arts, ensuring innovative advice at sector intersections.
• International Focus with Romanian Edge: Deep knowledge of US, EU and Romanian laws for seamless cross-border operations, ideal for international clients in Romania.
• Proactive Risk Management: Emphasis on prevention through audits, compliance training, and strategic planning to minimize disputes.
• Tech-Savvy Approach: Specialized in digital innovations, with tools for secure, efficient client collaboration.
• Ethical and Sustainable Practices: Commitment to cultural repatriation, diversity in arts, and eco-friendly advice for sectors like industrial design.
• Client-Centric Efficiency: Transparent pricing, rapid response, and multilingual support for global clientele.