Today we launch the Harbottle & Lewis Indie Games Collective – a mentorship programme which will offer legal guidance to early-stage games businesses, to help them navigate in their next steps in the industry.
The 12-month programme will include expert-led training sessions on key topics like incorporation, fundraising and access to finance, key commercial contracts, IP and regulation; and access to a free legal helpdesk for all members throughout the programme period.
Members will be invited to attend networking events, where they can connect and share insights with others in the industry.
The programme is completely free, but spaces will be limited and filled from a pool of applicants.
If you are an early-stage games business looking for some guidance and support, and would like to take part, please apply below by Friday 23 January.
After a complex journey through Parliament, the Employment Rights Act has officially passed into law. While many of its provisions will require further detail through regulations following consultations scheduled for 2026, some key points are already clear. This new legislation heralds significant changes to employment rights and obligations, with important implications for both employers and employees.
Key changes to unfair dismissal rights
The most notable change concerns unfair dismissal rights, which will no longer be a ‘day one’ right contrary to the Government’s initial proposal. Employees must now complete six months of service before being eligible to bring a claim for unfair dismissal. This new service requirement will take effect from 1 January 2027 and will therefore apply to employees who start work on or before 1 June 2026, provided they are still employed on 1 January 2027.
In a surprising twist, the current statutory cap on compensation for successful unfair dismissal claims has been abolished. Currently, compensation is capped at the lower of one year’s pay or £118,223, effectively limiting pay outs for higher earners. With the removal of both caps, claim values could increase significantly, particularly for higher-paid employees, unless new limits are introduced through future regulations. This unexpected development has raised concerns among employers and could dramatically alter settlement negotiations and tribunal outcomes.
These changes come at a time when the Employment Tribunal system is already experiencing chronic delays, with many cases taking more than a year to reach a hearing. The removal of compensation caps may further exacerbate these delays, as higher-value claims could crowd out lower-value cases. Employers are advised to address any performance or conduct issues promptly, ensuring any necessary terminations occur well before January 2027 to avoid potentially higher claim costs.
Family and leave rights: a day one entitlement
The Act also introduces day one rights for family and other types of leave, expected to come into effect sometime in 2027. These rights include:
Bereavement leave: Employees will be entitled to at least one week of bereavement leave, which will apply to early pregnancy loss as well as all other types of bereavement.
Parental leave: Employees will have the right to 18 weeks of unpaid parental leave from day one of employment, to be taken any time between the birth of a child and their 18th birthday. Currently, low uptake of this leave is attributed to the fact that it is unpaid.
Maternity and paternity leave: These rights will also apply from day one, with no obligation for employees to disclose pregnancy or impending parenthood during recruitment.
Statutory sick pay: Employers will be required to pay statutory sick pay from the first day of illness, ending the current three-day waiting period. However, the statutory sick pay rate remains low, capped at £123 per week, with no indication of significant increases.
Trade Union rights: A shift in the balance of power
The Act introduces major changes to trade union rights, which will take effect from February 2026, with some immediate repeals for public sector workers. Key changes include:
The removal of restrictions on the number of employees allowed to picket their employer’s premises.
A reduction in the notice period for strike action from 14 days to 10 days.
An obligation on employers to provide all employees with written information about their right to join a trade union.
Other reforms
The Act also introduces a range of other significant reforms including:
Zero-hours contracts: Employees on zero-hours contracts will, in certain circumstances, have the right to guaranteed hours, and employers will be required to give reasonable advance notice of working hours.
Pay gap reporting: Employers with more than 250 staff will face extended paygap reporting obligations, aimed at addressing inequalities.
Menopause policies: Employers with over 250 employees will also be required to adopt and publish formal policies to support employees going through menopause.
Fair work agency: A newly created fair work agency will enforce rights related to minimum wage, sick pay, holiday pay, and modern slavery. However, further details are awaited regarding the extent to which this agency will replace employment tribunals for claims in these areas.
What’s next?
While the passing of the Employment Rights Act into law provides some clarity, much remains uncertain. Several consultations are underway, with more expected, and the start dates for many provisions have yet to be confirmed.
What is clear, however, is that the Act represents a significant shift in the balance of rights and obligations in employment relationships. Employers should take proactive steps to prepare for these changes, including reviewing policies, addressing current employee issues, and planning for the impact of these reforms on their business operations.
As more details emerge, employers will need to stay informed and adapt to ensure compliance with this transformative piece of legislation.
Yesterday, Ofcom released two significant publications relating to the implementation of the Media Act 2024, a piece of legislation bringing substantial changes to the media landscape by 2027. In this article, we summarise the key points and practical implications.
Review of Audience Protection Measures for Streaming Services
What has Ofcom published?
Ofcom has published a comprehensive report examining how streaming services (also known as on-demand programme services, or ODPS) protect their audiences. This covers major platforms including Disney+, Amazon Prime Video, BBC iPlayer and Now.
Why does this matter?
The Media Act introduces new standard requirements for streaming services available to UK audiences. Ofcom now has the power to examine and report on the measures providers are using to protect audiences, and to identify areas for improvement.
This review is part of Ofcom’s broader work implementing a new content standards code, anticipated to be named the Tier 1 Standards Code for designated Tier 1 services.
What did Ofcom find?
Ofcom assessed the following audience protection measures (APMs):
Age ratings
Content warnings
Parental controls
Age assurance mechanisms
Some good news: the current implementation of APMs is broadly adequate across the sector.
Areas for improvement:
Better user guidance: services should provide clearer information on how to find and use protection tools.
Enhanced content warnings: viewers want more detailed warnings, particularly episode-specific information for serialised content.
Cross-device consistency: parental controls need to work reliably across all platforms and devices.
Proportionality: protection measures should balance safety with user experience and not intrude on data privacy.
What should streaming services consider?
Review current APMs against Ofcom’s findings.
Consider how available protection tools are communicated to users.
Assess whether parental controls function consistently across all devices.
Ensure approach is tailored appropriately for UK audiences.
Ofcom plan to conduct a further review of APMs used by Tier 1 services once the Secretary of State has announced how Tier 1 services should be determined.
Channel 4 Commissioning Policy Guidance
What has Ofcom published?
Following public consultation, Ofcom has published final guidance on Channel 4’s commissioning obligations under the Media Act.
Why does this matter?
The guidance establishes clear requirements to ensure fair access, transparency and competition in Channel 4’s commissioning process. This creates a more level playing field for independent producers and increases accountability.
What are the key requirements?
Channel 4 must publish an annual Statement of Commissioning Policy covering:
In-house production separation: how Channel 4 maintains appropriate separation between its commissioning and in-house production activities.
Programme submissions: clear processes for how external programme proposals are handled.
Dispute resolution: transparent mechanisms for resolving commissioning-related disputes.
Annual reporting: year-on-year progress tracking to demonstrate accountability.
What should you consider?
If you work with or supply content to Channel 4:
Familiarise yourself with the new transparency requirements.
Understand the dispute resolution mechanisms available to you.
Monitor Channel 4’s annual statements to track changes in commissioning approach.
Next steps
These developments represent important steps in the evolving regulatory framework for UK media services. We will keep you updated as these changes get implemented along with other aspects of the Media Act.
If you have any questions about this article, please reach out to managing associate, Clare McGarry.
It seems the changes to UK immigration policies in summer were just the beginning, as the Home Office has decided to gift us with an early Christmas present of further changes: some that have been recently implemented and those due to be implemented early next year. This was also echoed by the Home Secretary in the foreword of the latest consultation document, A fairer pathway to settlement: “it is clear the pace and scale of migration in this country has not just been unprecedented but also destabilising”.
‘Earned settlement’
On Thursday 20 November, the Home Office released a policy document outlining the proposed framework of ‘earned settlement’ ahead of the government consultation. Most requirements outlined are subject to consultation. The consultation is open until 12 February 2026 and the intention is to implement the changes in the April 2026 Statement of Changes.
WHO IS NOT AFFECTED?
Individuals with pre-settled or settled status under the EU Settlement Scheme will not be affected by these changes. This also applies to applicants with permission as the parent/partner/child of a British citizen that meet the “core family requirements”, unless there are factors that could increase the qualifying period i.e. use of public funds/criminal convictions.
10-year baseline to settlement
The proposed baseline for settlement in the UK for all other individuals will be 10 years, and there will be a set framework of minimum requirements that someone applying for settlement will be required to meet. Aside from the “contribution” dimension, these are not subject to consultation. The requirements (subject to consultation) are as follows:
Suitability: Must meet the general grounds of refusal found in the new Part Suitability section of the Immigration Rules. Must not have any current litigation, NHS, tax or other government debt.
Integration: Must meet the English requirement at level B2 and pass the Life in the UK test.
Contribution: Must have made National Insurance contributions by way of an annual salary or income of over £12,570, held for three to five years (this is currently subject to consultation).
Factors that can reduce the minimum settlement period
Where an individual may qualify for more than one reduction, the qualifying period will only be reduced by the larger figure, meaning the below factors cannot be combined.
Separately, it is worth noting that there are also factors that could increase the individuals qualifying period i.e. receiving public funds – five/10-year increase; overstaying: 20-year increase.
Will these proposed changes have a retrospective or retroactive effect?
One of the worries for those already in the UK is whether these changes will apply to them, or whether they will only apply to people coming to the UK after these changes take effect.
Unfortunately, we have no clarity on this yet. The policy states that it will apply to all immigrants, including people already in a route to settlement, but it also states that the consultation will look at whether to introduce transitional provisions for people already in a route to settlement and if so, what they should look like.
A summary of further updates to UK Immigration
If you have any questions in relation to any of the above, please get in touch with our immigration lawyers.
Synonymous with the recent change in seasons, the UK production industry is currently in a state of transition. Collaboration is on the up with a rise in co-productions, streamers and broadcasters joining forces, and traditional content businesses working alongside content creators and digital-first start-ups.
The third edition of our UK film and TV newsletter covers key industry updates including the Warner Bros. Discovery takeover, Pact/Equity negotiations, AI advancements, UK indie tax credit impacts, Trump’s proposed film tariff, microdramas, the creator economy, children’s TV inquiries, major legal cases, and new data and immigration updates affecting the sector.
HARBOTTLE HIGHLIGHTS
Edinburgh TV Festival 2025
In August, Minty Hamer and Julika Schmidt attended the Edinburgh TV Festival, which brought together leading voices across the television industry through a wide range of events and sessions.
It was a great opportunity to reconnect with clients and meet new faces from across the sector. Some sessions acknowledged the challenges faced by the industry in dealing with the traditional commissioning ecosystem – some even describing it as “medieval” – and proposed ideas for change in the marketplace.
Additionally, the international potential for new shows remained a key focus, however it became clear that the ideas grounded in authentic, local perspectives continue to resonate the most.
MIPCOM 2025
Broadcast quoted MIPCOM’s director, Lucy Smith, describing this year’s MIPCOM as “the biggest step change in a generation” owing to the creator economy being at the forefront of the event, with YouTube taking up more conference space than ever before.
The chatter in the air reflected the current themes in the market – budgetary constraints, collaboration being necessary between everyone in the industry to get things made, and the industry pivoting into new areas such as microdramas.
Ed and Clare met up with clients and contacts including distributors, production companies, financiers and union representatives. Deals may be slower and harder to come by, but there was certainly still an appetite for business, on-the-ground meetings and networking in Cannes.
CONTENT LONDON
We are looking forward to attending Content London again in December. We will be hosting our ‘Harbottle Happy Hour’ drinks on the evening of 2 December in Kings Cross so please get in touch if you would like to join us.
BAFTA Elevate 2025/6
On 22 September, we hosted another session for the current BAFTA Elevate cohort. Clare McGarry and Amy Bradbury alongside James Jones (director of Antidote) and Dominic Harrison (Channel 4) explored defamation and other legal issues that filmmakers working in documentary need to be aware of to assess and mitigate risk, whilst maintaining their journalistic integrity.
The session sparked insightful discussions and a Q&A that left everyone with plenty to reflect on and take forward in their work.
INDUSTRY UPDATES
WARNER BROS. DISCOVERY’S POTENTIAL TAKEOVER
Warner Bros. Discovery (WBD) has become the centre of a growing acquisition battle, with several major players expressing interest in its assets. Paramount Skydance, led by David Ellison, has made multiple offers – most recently at $24 per share and including a proposed co-CEO role for WBD’s David Zaslav – all of which have been declined. In response, WBD has confirmed it is actively exploring strategic options, including a full or partial sale, as well as a potential separation of its streaming and cable businesses.
Netflix, despite publicly downplaying interest, has reportedly been given access to WBD’s financial data room, suggesting a possible bid focused on WBD’s valuable IP. Paramount and Comcast (who are also busy looking at ITV’s broadcasting business!) are also said to be evaluating opportunities, each with different strategic goals. Paramount’s potential merger with WBD could create a formidable streaming entity, combining HBO Max and Paramount+ with a combined subscriber base of over 200 million.
UPDATE ON PACT EQUITY NEGOTIATIONS
Negotiations between Pact and Equity on the Cinema Films Agreement (CFA) and TV Agreement (TVA) are still ongoing. In July, Equity responded to Pact’s previous counterproposals, with some key points resolved. This includes a minimum three-year term for both agreements, with negotiations starting again after two years. Pact and Equity were also aligned that artists should be given the first opportunity to dub in English, with certain caveats for production needs still being finalised.
Discussions are also ongoing on issues such as rest periods, overtime provisions and health and safety protections. For the TVA, Equity wants 12-hour minimum rest periods for actors, which Pact says it can’t agree to due to concerns from its members. Pact and Equity met in early November to discuss working patterns under the TVA.
Streaming rights and residuals continue to be a focus, whilst AI provisions are being handled separately, with Equity pushing for strong protections around performer consent, data use, and transparency. At the end of October, key terms on Generative AI were tabled by Pact with Equity – we will give you more detail on this in our next round-up. October / early November also saw Pact and Equity meet to discuss terms for residuals.
Regular meetings are scheduled through the end of the year, and Equity members will vote on the final deal and all financial terms once they are agreed.
BROADCASTERS AND STREAMERS TEAM UP
Disney and ITV signed a deal in July billed as a ‘first of its kind’ initiative to share a curated selection of content across their respective streaming services. Disney+ now carries a promotional selection of titles from ITV under the banner ‘Taste of ITVX’ that includes shows such as ‘Mr Bates vs The Post Office’ and ‘Love Island’ whilst ITV now hosts shows such as ‘The Kardashians’ and ‘Lilo and Stitch’. Around 70-100 hours of content from each streamer’s library have been shared since 16 July. Their goal is to drive subscriptions from demographics outside of each platforms’ typical audience. The partnership, along with other similar deals like Channel 4 and UKTV in the UK and Netflix and TF1 in France, suggest this type of content-sharing arrangement may become a broader trend as the streamers continually evolve their businesses and their place in the market.
Valid questions are being raised about whether Netflix and other similar streamers teaming up with traditional channels will scupper the opportunity for shows to benefit from a secondary rights window, and whether this will in turn put traditional financiers off funding shows if this new model interrupts their ability to recoup against secondary distribution income.
AI UPDATE
We keenly track updates in the AI legal landscape so that we can keep you up to date with the latest. So, what’s new?
In July, the Government announced an AI and copyright working group, with representatives including Open AI, Meta, Amazon and Sony Music Entertainment. The group will focus on the impacts and opportunities of AI, whilst trying to find common ground on key issues. This suggests the Government doesn’t want to be too bullish about bringing in new legislation and is treading this sensitive topic cautiously and slowly.
Meanwhile the Copyright Licensing Agency (CLA) has been developing an AI licensing framework to ensure fair compensation for creators. This could help bridge the gap between rightsholders and big tech developers by ensuring that rightsholders are paid if their works are used to train AI models.
Separately, in September, over 70 signatories, including Sir Paul McCartney and Sir Elton John, accused the Government in an open letter of ignoring copyright violations by AI companies. They claim the use of copyrighted works is undermining the £127bn creative industries and violates creator’s human rights. The Government responded to say that the creative industries’ concerns were being taken “seriously” and a report into the impact of potential changes would be published by the end of March 2026.
Last week, the much-anticipated judgment in the Getty Images v StabilityAI case concluded that Stability AI’s model is not an “infringing copy”. However, the ruling left certain questions surrounding the legality of AI training unresolved.
Our AI experts explore the landmark ruling in the summary here.
STEEP RISE IN UNDER £20M UK FILMS SUBMITTED TO BFI AFTER INDIE TAX CREDIT GREEN LIGHT
The BFI have reported that the number of films with production budgets under £20m applying for BFI certification rose by 27% year-on-year across the first six months of 2025 (417 films vs 328 in 2024). This increase coincides with the introduction of the Independent Film Tax Credit (IFTC) in October 2024 (as part of the new Audio-visual Expenditure Credit regime), which offers enhanced relief for low-budget films. Low-budget films can now benefit from an enhanced credit of 53% (equating to an actual relief of just under 40%, on up to 80% of qualifying expenditure) versus the standard credit rate of 34% (25.5% in actual relief). There have been some voices in the industry calling for an equivalent enhanced tax credit to be applied to TV productions, not just theatrical, but there’s no indication that the Government will be introducing this.
EQUITY VS SPOTLIGHT
The legal dispute between the UK actors’ union, Equity, and prominent talent directory service, Spotlight, concluded in early September with a High Court ruling in favour of Spotlight.
The case focused on Equity’s claim that Spotlight (an organisation providing a service which allows performers to market and advertise their own skills) operates as an “Employment Agency” and therefore should be subject to stricter regulatory requirements, especially in relation to its subscription fees.
The court eventually agreed with Spotlight’s position that it does not actively find work for its subscribers, who either represent themselves or engage agents for that purpose, and so is not an agent. Accordingly, Spotlight is not subject to restrictions on charging work-seekers for their fees.
The ruling highlights the distinctions between platforms that facilitate connections between individuals (i.e. directories), and those that actively provide employment services, setting an important precedent for similar disputes in the future.
WARNER JOINS MIDJOURNEY CASE
In June, Disney and NBC Universal filed a joint lawsuit against generative AI startup, Midjourney, alleging copyright infringement. They claim Midjourney displayed images on its platform that were AI-generated and copied the IP of well-known films such as Star Wars, Shrek, The Simpsons, and Toy Story.
Disney’s Chief Legal Officer, Horacio Gutierrez said: “we are bullish on the promise of AI technology and optimistic about how it can be used responsibly as a tool to further human creativity, but piracy is piracy, and the fact that it’s done by an AI company does not make it any less infringing.”
In September, Warner Bros Discovery also entered the fray, separately suing Midjourney for using iconic characters from the studios’ works to generate images of Batman, Superman and Scooby-Doo, among other characters. They allege that Midjourney have recently “eliminated guardrails that blocked users from creating videos that infringe on its IP”.
As of 5 November 2025, according to a joint stipulation filed by the parties, Warner Bros. Entertainment, Disney and NBC Universal have agreed to consolidate their separate but related lawsuits against Midjourney. The case remains ongoing; no hearings have taken place yet, and no settlements have been reached. However, a Scheduling Conference has been ordered. The studios are seeking a jury trial and a preliminary injunction, while Midjourney has denied any infringement is asserting a fair use defence.
NEW INQUIRY INTO CHILDREN’S TV AND CONTENT
The Culture, Media and Sport Committee launched an inquiry in July asking how future generations of children can continue to have access to high-quality British-made programming. This was in response to children watching less television in favour of online apps and websites, with knock-on effects for those in the creative industries who wish to create original high-quality content aimed at the children’s market. It also focused on concerns for the well-being of the young children consuming this newer content which is not subject to the same level of regulation.
The inquiry closed for submissions at the start of September. While no official publication date for the final report has been announced, the Committee has confirmed that further updates will be provided in due course.
TRUMP REPEATS THREAT TO IMPOSE 100% TARIFF ON FILMS MADE OUTSIDE OF THE UNITED STATES
Donald Trump took to his social media network, Truth Social, to reiterate his view that the American film industry had been stolen by the rise in foreign-made films; “like stealing candy from a baby”. This is the second time that the president has threatened to impose a 100% tariff on films made outside of the United States, having claimed in May that the American film industry was dying “a very fast death”.
As with the initial proclamation, there is a lack of detail how the tariffs might be imposed or when they might come into force, with the industry quietly hoping that this issue disappears into the background of the US government’s broad agenda.
If the tariff ever becomes more than headline-grabbing rhetoric, key questions to answer will include what constitutes an ‘American’ film, particularly in the context of global streamers, and the fact that several major films produced by US studios were shot outside of the US (Wicked and Gladiator II being recent examples). The UK Government is waiting for details of any potential tariff before it decides how to respond. We will keep you updated of any concrete plans to impose these tariffs, but please get in touch if you would like to discuss this further.
The television and media landscape is undergoing a profound shift. Where traditional broadcasters and studios once exclusively dominated, now content creators, originating from platforms like YouTube, TikTok and Instagram, are emerging as some of the most powerful forces in entertainment. Their profound influence is being recognised across the UK, highlighted by the recent launch of an all-party parliamentary group (APPG) to represent UK creators and influencers. These online platforms enable creators to cultivate direct relationships with audiences and bypass traditional gatekeepers, retaining complete control over their content.
Microdramas — or “verticals” — are one of many new forms of content reshaping the entertainment landscape. These bite-sized film episodes, designed for mobile viewing, gained popularity in China during the pandemic and have since expanded globally. In 2024, US revenues reportedly reached $819 million, though this pales in comparison to China’s reported $7 billion market during the same period.
The sector has already attracted significant investment and strategic partnerships. Fox Entertainment recently announced an equity investment in Holywater, a Ukrainian tech start-up specialising in vertical video. The deal commits Fox to creating over 200 vertical video titles for Holywater’s My Drama app over the next two years.
Elsewhere, Night Train Media and Spirit Studios have announced a funded development deal to produce a new vertical microdrama series for worldwide digital distribution by Night Train Digital. Meanwhile, in India, Mumbai-based Balaji Telefilms has partnered with Indian microdrama platform Story TV, aiming to establish microdramas as a mainstream format across the continent. And with Omdia projecting that microdramas will generate $11 billion in global revenues by 2025, this new wave of content evolution is unlikely to slow down soon.
THE DATA ACT 2025
The Data (Use and Access) Act 2025 became law in June 2025, with changes due to come into force over time.
It introduces targeted reforms to the GDPR and other data and privacy law, with the aim to reduce compliance burdens and support smart data access.
Changes include updates to data processing rules and new cookie exemptions, as well as changes to the complaints procedure if an individual believes their data protection rights have been infringed. Previously, the individual could go straight to the Information Commissioner’s Office (ICO), but now they will have to raise their complaint with the data controller, such as their employer, before escalating it to the ICO. There are also new obligations on organisations as to how they should deal with these complaints.
Please get in touch with our data experts if you would like to know more.
IMMIGRATION UPDATE
For production companies bringing overseas personnel to the UK on the Skilled Worker visa scheme, standard sponsored applicants must now earn at least £41,700 per year and work in a role that requires a bachelor’s degree. A number of creative roles will continue to be part of the scheme until the end of 2026, including dancers, set designers and producers, due to being included on the Government’s ‘Temporary List’.
Actors can no longer be sponsored under this route unless they already hold Skilled Worker status. The Creative Worker and Creative Worker concession routes are not affected by these changes and will continue as before.
In summary, this sees a tightening on some of the rules allowing overseas personnel to come into the UK to work on film and TV projects.
Please get in touch with our immigration experts if you would like to know more.
Partner and head of the firm’s employment group, Yvonne Gallagher, has written an article published in The Times on the challenges facing early conciliation – a mandatory pre-tribunal step aimed at resolving employment disputes within six weeks.
In the article, Yvonne explores how rising demand and systemic delays are impacting the effectiveness of this process, to the detriment of employers and employees alike, and highlights potential solutions to alleviate pressure on both Acas and the wider tribunal system.
The television and media landscape is undergoing a profound shift. Where traditional broadcasters and studios once exclusively dominated, now content creators, originating from platforms like YouTube, TikTok and Instagram, are emerging as some of the most powerful forces in entertainment. Their profound influence is being recognised across the UK, highlighted by the recent launch of an all-party parliamentary group (APPG) to represent UK creators and influencers. These online platforms enable creators to cultivate direct relationships with audiences and bypass traditional gatekeepers, retaining complete control over their content.
What has caused this shift and how have audiences responded?
The Covid-19 pandemic in 2020 accelerated the global digital transformation, leading to a surge in online content creation. With audiences spending more time online and in isolation, many individuals who faced job losses during the pandemic turned to content creation as a source of income. Simultaneously, established creators were forced to adapt their practices by developing a more innovative, dynamic and home-grown approach to producing content, now that access to traditional studios, large production teams, and elaborate sets was closed off to them.
However, it has now become clear that this was not merely a trend during the pandemic. Rather, this new medium has endured and significantly grown since 2020, as evidenced by a recent impact report by Oxford Economics which revealed that YouTube content creators contributed £2.2bn to the UK economy in 2024 and supported 45,000 jobs. The speed and ease of producing social media content, in contrast to traditional linear television series for example, enables influencers and content creators to publish daily content. This, in turn, helps them maintain their cultural and social relevance, audience engagement, and visibility on the constantly changing and elusive algorithm.
The resulting content is concise, impactful, and high-quality; catering to modern preferences (particularly among Gen-Z viewers) for short, easily digestible, and more personal viewing experiences with real-time audience engagement. Digital platforms democratise content by breaking down barriers, enabling direct interaction between creators and audiences rather than the traditional one-way broadcast model, and reaching a global viewership.
Bridging the gap between content creators and traditional media
As content creators continue to build their vast platforms and fanbases, traditional broadcasters are recognising the value of collaborating with these influencers and engaging them directly to produce, host, or star in more conventional TV and media formats. Content creators bring fresh, dynamic new voices and concepts and large (typically young) viewership. Paired with the resources, studios, personnel, equipment and budgets of streamers or other platforms, the result is exciting new content that appeals to a new audience – many of whom may not typically engage with traditional media.
Examples include:
MrBeast: Beast Games, hosted by YouTuber MrBeast (real name Jimmy Donaldson), is a high-budget reality competition series on Amazon Prime Video. Released in 2024, the show featured over 1,000 contestants competing for a $5 million prize. Produced by Amazon MGM Studios, Insider Entertainment, and Blink49 Studios, the series amassed 50 million viewers within 25 days of its debut and has been renewed for two more seasons.
Amelia Dimoldenberg: Known for her YouTube series Chicken Shop Date, Amelia has transitioned into traditional media, hosting Channel 4 documentaries such as Celebrity Rebrand and Meet the Markles. She has also worked with the BBC and hosted major events like the BRIT and NME Awards.
Charli and Dixie D’Amelio: The D’Amelio sisters rose to fame on TikTok, with Charli becoming the platform’s first creator to surpass 100 million followers. They starred in Hulu’s The D’Amelio Show (2021–2023) and have since expanded into mainstream projects, including Charli’s roles in Apple TV+’s The Studio and the upcoming thriller Hurry Up Tomorrow.
Commercial considerations for content creators and production companies
As content creators become ever-more prominent in the TV world, their business operations also become more sophisticated and complex. Content creators are:
Establishing their own production companies and studios to scale their content, including hiring teams of writers, producers, directors and crew.
Developing their own YouTube channels.
Branching out into ancillary media avenues like podcasting and vodcasting.
Collaborating with traditional broadcasters and streamers, both on traditional platforms and on newer digital platforms.
Monetising and protecting their IP.
Generating income through securing brand deals, sharing sponsored posts, brand collaboration posts and product reviews, offering exclusive content to paying subscribers and even marketing and selling their own product lines.
Meanwhile, independent production companies are also wanting in on the action. We’re seeing a real uptick in interest from traditional production companies in creator-driven business, from traditional players making investments in new YouTube channels to pairing up with content creators to access brands to fund shows and have been advising production companies on how to structure such deals with content creators.
What legal issues does this present?
As with any industry disruptor, as content creators, indies and broadcasters lean into the opportunities presented by the new TV landscape, so too do the legal complexities grow. Some of the legal issues being grappled with are:
IP and rights management: protecting ownership of IP in the content being created and negotiating licensing terms with third parties who want to use it.
Production and talent contracts: as content creators increasingly act as producers, they are looking to engage third parties, or vice versa where the content creator is engaged by a streamer or studio. Negotiation of production and talent contracts is key.
Co-Production deals and contracts: where a content creator teams up with a larger, established production company in order to create a show.
Clearance issues: risks arise when content creators feature copyright protected or controversial material in their content.
Corporate structuring: many content creators are establishing their own production companies.
Corporate investment: content creators and traditional production companies, broadcasters and streamers are joining up and navigating commercial or equity partnerships and investments.
Employment: as content creators expand their businesses and begin hiring employees, they need to ensure they comply with employment laws, minimum wage and working hour regulations, as well as having workplace policies in place.
Advertising: content creators have no excuse for not complying with advertising standards, including the UK’s Advertising Standards Authority’s rules which affect transparency in marketing activities and other promotional content.
Compliance with regulations: content creators need to understand their obligations under the Online Safety Act 2023, which requires influencers to take greater responsibility for their content to prevent any harm to viewers, and under the Digital Markets, Competition and Consumers Act 2024, which prohibits fake reviews and mandates transparency in endorsements.
Reputation management: this relates to protecting content creators’ online presence and public persona, personal and confidential material and privacy, as well as managing reputational risks and managing defamation claims and paparazzi intrusion.
What does the future hold?
The dominance of content creators in the modern entertainment landscape is undoubtedly here to stay. However, this doesn’t spell the end for traditional film and TV. By adapting to these shifts and seeking opportunities to collaborate with creators, traditional production companies and broadcasters can capitalise on the success of content creator-driven media. In fact, aligning themselves with the burgeoning ‘creator economy’ could not only help them stay relevant but also enhance their profitability.
Conversely, content creators aiming to maintain their loyal and dedicated audiences might find value in partnering with established industry players. Such collaborations help creators broaden their reach and also reinforce trust with their audience.
For more information or for advice on any of the above topics, please reach out to managing associate Clare McGarry.
The UK Intellectual Property Office (UKIPO) has launched a consultation on reforms to the UK designs system.
Acknowledging the UK’s design sector as leading force in creativity and innovation, the aim is to create a designs regime that is simple, effective and capable of adapting to the challenges of the digital future. The IPO is inviting responses by 27 November 2025.
For businesses involved in design, the outcome of the consultation could have far reaching consequences.
Key points covered in the consultation
Whether registered designs should be subject to searching and substantive examination. The government’s preferred option is a two-stage system under which designs would first receive partial registration, with full registration and enforceable rights only granted following a search.
Whether the current unregistered design regime is too complex, including the overlap with copyright. While the government’s stated preference is to retain the existing multiplicity of rights to protect both aesthetic and functional designs, it is also canvassing views on the potential consolidation of these rights into a single system and reconsidering the duration of protection.
Whether copyright protection for works of artistic craftsmanship should be abolished, with the government’s preference being to retain this protection, ensuring genuinely artistic and handcrafted works remain safeguarded.
How to clarify the registered designs system so that it covers animated designs and graphical interfaces more effectively, perhaps by allowing video files to be included in application.
With the rise of AI generated designs in mind, whether the existing protection for computer generated designs remains suitable, and how it interfaces with the requirement for originality.
Whether UK disclosure rules for unregistered designs should be adjusted to address the lack of mutual recognition with the EU and reduce complexity for businesses seeking protection in both territories.
Whether criminal sanctions for design infringement should be introduced.
The outcome of the consultation could have very significant implications for design-led businesses, especially as some of the proposed options could strip away valuable design protections which offer flexibility as enforcement tools.
After this week’s ruling in the landmark case between Equity and Spotlight, partner and head of our employment practice, Yvonne Gallagher, has shared her insights in an article published by The Stage in which she provides an overview of the dispute and comments on its likely impact on the performing arts industry.
One key feature of the case was the High Court ruling that Spotlight is not an employment agency under the legislation and there is therefore no restriction on the fees it charges. This serves to highlight a gap in protection when it comes to businesses operating platforms of this nature.
Founded in 1880, The Stage is a weekly newspaper and online publication with the latest news, reviews, interviews, in-depth features and advice on working within the performing arts industry.
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Partner Howard Hymanson has written an article published in The Times on how protecting cancer patients at work would give peace of mind to employees following a diagnosis.
Howard notes that many employers are compassionate in light of a recent diagnosis and provide enhanced benefits (e.g. pay and sick leave) but issues often start to emerge in the long term.
