EXPERIENCE

Sophie’s experience includes:

Product Counselling

• Advising a household name in technology on its development of synthetic voices from a copyright and “personality right” perspective*
• Advising leading technology providers on the risks stemming from using copyright protected content in developing AI systems*
• Advising social media platforms on safe harbor protections, content moderation including reporting mechanisms, take-downs features, appeals, and best practices*
• Advising a podcast company operating across the EU on risks stemming from using RSS feeds following the Tuneln decision*
• Preparing advice about the copyright status of hyperlinks under EU law*
• Advising on licensing strategies under Sat/Cab II in the online television landscape and comparing CMO tariffs for TV and VOD*
• Advising global film and music production companies on their use of AIs, including risks stemming from their compliance with the EU AI ACT*
• Advising a satellite company on the launch of several products using satellite imagery*
• Advising social media companies and game companies on chat features and private messaging functionalities*
• Advising fitness companies on their use of music and music licensing strategies*
• Advising on parental control features*

Regulatory

• Drafting an analysis of the “opt-out” right enshrined in Article 4 of the Copyright Directive, including practical guidance on assessing the validity of opt-outs for global content services*
• Advising podcast and spoken audio businesses on EU copyright, protectability of phonograms, trade unions, collective bargaining agreements, and the role of CMOs*
• Advising MMO game on its use of AI and compliance with the EU AI ACT*
• Drafting a comprehensive study on the regulation of CMOs in Europe, including from a competition law perspective for a global media service*
• Advising an online platform throughout their entire compliance review on Article 17 of the EU Copyright Directive, post adoption of the text*
• Drafting strategic note on the applicability of Article 17 to certain categories of online services.*
• Preparing comprehensive DSA assessment for a global Adtech company*
• Advising an MMO games platform on DSA applicability and compliance*
• Drafting comprehensive analysis and strategic note on the transposition of Article 15 of the Copyright Directive across Europe, including in France, for online media companies*
• Drafting a comprehensive assessment of the “making available right,” its implementation in EU law, and its impact on music licensing strategies*
• Drafting a multi-jurisdictional comparative study on the concept of “Equitable remuneration,” the payment of the same, and the obligations stemming therefrom, across seven EU jurisdictions*
• Advising social media companies on advertising laws and regulations*
• Advising a leading device manufacturer on the transposition of the audiovisual media service directive, including in France, advising on French rules on “prominence”*

Litigation

• Representing a music streaming service in a widely publicized dispute with a record company during negotiations for a music license renewal (2011)*
• Representing the heirs of a well-known French singer in a high-stakes Court of Appeal copyright dispute between rightsholders*
• Representing a music distribution company in the context of a high-stake copyright infringement claim*
• Preparing a comparative analysis of French and UK procedural laws and remedies for copyright infringement for a global music service*
• Preparing advice on challenging the tariffs of CMOs*
• Drafting pre-litigation assessment memo about the risks of infringing copyright in an image in France with a focus on procedural issues*
• Drafting advice on litigation risks stemming from exploiting unlicensed music catalogues*
• Preparing impact assessments for various music businesses following the Atresmedia CJEU decision*

Transactional

• Advising online media services in respect of their press publication licensing strategies*
• Advising content production companies in film, TV, and games on buy-outs, work-made-for-hire, and hiring talent in Europe*
• Advising licensees on avenues and strategies for negotiating or challenging CMO tariffs in Europe*
• Negotiating talent and brand ambassador agreements for the 2022 FIFA World Cup*
• Negotiating music soundtrack rights for the 2022 FIFA World Cup*
• Emergency music clearance for in-game radio feature*
• Drafting note on music acquisition strategies for games companies*

Policy

• Advising on options to respond to UK IPO consultation on AI and Copyright*
• Advising policy team on AI Code of practice*
• Preparing a comprehensive legal impact assessment for the EU Commission on the proposed introduction of an EU “fair remuneration” (2018) right for a major VOD platform*
• Drafting position papers, policy documents, and amendments for the policy team of a global online platform during the adoption process of the Copyright Directive 2019/790*
• Advising a trade body representing digital music services in France (ESML) in all their dealings with other institutional bodies and governments*

*Matter handled prior to joining Latham