“Most creatives either dream too small or too big,” notes international IP lawyer Matthew Asbell. He’s spent years advising on complex international co‑productions, and his message is clear: intellectual property isn’t just paperwork – it’s the bedrock of your project’s future.
Just ask the team behind The Walking Dead. They endured a protracted, US$200 million lawsuit over profit participation because IP lines were blurred from the start. Contrast that with Black Mirror, whose creators preserved control and smoothly transitioned the series from Channel 4 to Netflix – unlocking books, games, and immersive experiences along the way. The single factor that separates nightmares from success stories? Unambiguous ownership terms from day one.
When “Joint Ownership” Becomes a Blocker
It sounds collaborative, but joint IP ownership often sows discord. “Any co‑owner can stall or even countermand decisions,” Asbell explains. That can derail remakes, spin‑offs, or licensing deals – or pit former partners against each other. “Even very closely related co-owners can run into problems like this – such as when spouses who co-own an IP right decide to get divorced.”
Take Avatar: The Last Airbender as a cautionary tale. Creators Michael DiMartino and Bryan Konietzko walked away from Netflix’s live‑action reboot after creative clashes, and only because they’d retained crucial rights could they protect their original vision. The solution? House all rights in a single legal entity. Even if that entity has multiple stakeholders, its bylaws will set clear rules for decisions and departures – avoiding messy stalemates.
Beyond Copyright: Trademarks, Titles, and AI
Most producers fixate on copyright and forget other IP forms, such as a trademark in a series, before it becomes a series, or where copyrights could apply to just the title of the work, such as in some European countries. Matthew Asbell observes, “often the parties may hyperfocus on copyrights at the expense of other forms of intellectual property that could arise.”
Netflix, for instance, secured global trademark protection for Stranger Things, turning a hit series into a merchandising juggernaut and immersive fan experiences. Without that foresight, iconic Stranger Things swag and pop‑up events might never have seen the light of day.
Meanwhile, countless creators assume generative AI outputs automatically belong to them. In reality, AI-generated content may not always be protectable under copyright or other IP regimes, and even if it is, AI platforms have terms and conditions which may retain underlying rights or subject them to non-exclusive licenses, precluding the owner from later granting exclusive rights to another party. Hastily signed contracts can assign away whatever you generate. Asbell explains: “Creators undervalue the possibility of ownership… meaning they sign contracts in which they agree to give away their rights and/or they rely on A.I. for creative output which they may not then own.” Always clarify ownership of AI‑assisted content before you hit “publish.”
One Contract, Many Jurisdictions
A single co‑production agreement may span the globe, but it does not always take into account the legal differences in different countries. “The IP laws of each country are different, sometimes quite substantially so” notes Asbell. Yet too many deals are drafted through a familiar, home‑country lens without local counsel.
The Colombian Telenovela Yo soy Betty, la fea illustrates the risk: while official remakes like Ugly Betty proliferated, unauthorised clones popped up in regions with weak enforcement, cutting creators out of lucrative markets. Territory‑specific clauses and expert advice are non‑negotiable.
Future‑Proofing Without Overcommitting
Creators should be anticipating the possibilities right at the beginning, but not necessarily making significant investments in the long term elements at that time. In other words: you don’t need a fully fleshed‑out franchise plan on day one, but you must leave your options open. “Every contract should anticipate merchandising, podcast spin‑offs, interactive content – even if you’re not pursuing them immediately,” Asbell advises. That way, when your series takes off, your legal framework won’t hold you back.
Big Dreams Need Solid Contracts
Sloppy IP groundwork dooms more projects than any other single factor. “I’ve seen deals held hostage by overlooked confidentiality clauses and chains of title fall apart because no one tracked who owned what,” Asbell says. If you’re a producer with grand ambitions but limited legal savvy, begin by forging a genuine partnership with an IP lawyer who understands both business and international law. Nurture that relationship as the foundation for your project. Dream big – but build a legal structure that ensures your vision can actually take flight.
