Fernanda Magalhães

Practice Areas

Media & Entertainment Law

Career

With an extensive career spanning over 20 years, Fernanda Magalhães has established herself as a leader in the field of Marketing & Entertainment Law. Her domestic and international expertise grants her a comprehensive understanding of legal intricacies across various jurisdictions.

Fernanda leads our Marketing & Entertainment Law practice and represents a wide range of clients involved in industries such as film, digital content, music, advertising, live entertainment as well as consumer products and fashion and retail. She advices clients on intellectual property issues, advertising regulation, false or misleading advertising, clearances of rights, content and production agreements, influencers and talent agreements, international market entry, and protection of intellectual property rights.

Recognizing the transformative potential of new technologies and staying at the forefront of emerging trends, Fernanda advises a wide range of clients on Web-3 innovations such as the metaverse and NFTs as well as on use of artificial intelligence in advertising and entertainment content. Fernanda guides clients through the legal complexities of these groundbreaking developments offering her unique perspective to address unprecedented questions and challenges.

Fernanda serves as a member of CONAR´s ethics committee (National Advertising Self-Regulation Council) and this experience has equipped her with a nuanced understanding of advertising practices, enabling her to navigate regulatory frameworks with finesse and assist clients in crafting compelling marketing campaigns that adhere to industry standards and legal guidelines.

Fernanda's perspective has also led her to successfully support major events, including the Olympics in Brazil. Her adeptness in complex contractual negotiations and consideration of intellectual property rights has proven crucial in securing licensing agreements, ensuring her clients' involvement in high-profile in-person events or the Web-3 realm is both successful and legally sound.

Professional Memberships

Member of CONAR´s (Brazilian National Council for advertising regulation) Ethics Committee; Member of INTA’s Copyright Law Committee (2022-2023); Coordinator of ABPI’s Sports and Electronic Games Commission; Chair of the Intellectual Property Committee of AmCham Rio.

Work Highlights

• Devising and implementing legal strategy on building and protecting IP assets for one of Brazil´s most iconic landmark parks which included management of Client´s IP portfolio, enforcement programs, licensing, and sponsorship contracts.

• Providing broad legal support on a variety of issues related to the pre-production, production, marketing, and distribution of Client´s content in Brazil and abroad, including negotiation of its master development, production and rights purchase agreements with major streaming platforms, marketing agreements, talent & crew agreements, performing production clearances of rights.

• Providing legal support to influencer marketing agency regarding multiple aspects of its business, including negotiating influencer talent agreements and related licensing of IP and personality rights, master service agreements, media purchase agreements in digital and physical space.

• Providing broad legal counseling for Brazilian publishing company on web3 related projects from early strategic ideation and risk assessment phases.

• Counseling client on monetization of non-fungible tokens (NFTs) project focused on soccer and Brazilian culture. Our work included assessment of the overall intellectual property issues and risks related to the launch of its NFTs collection as well as the review of platform Terms & Conditions, content creator agreements such as with illustrators, scriptwriters and graphic designers, and analysis of third-parties AI software licenses to ensure IP ownership of content.

• Negotiation of umbrella agreements with national music collecting society on behalf of a number of clients, most notably one of Brazilian largest airlines and live entertainment clients;

• Counseling client on risks and best practices associated with advertising and marketing initiatives especially as it relates to the use of third parties’ intellectual property assets and personality rights.

• Regularly counseling and reviewing marketing and promotion campaigns for consumer product clients as it relates to the applicable rules, regulations, and consumer protection legislation.

• Counseling world-wide leader of agriculture industry on creation of digital content platform, hiring of digital influencers and brands ambassadors, agreements for its start-up partnership programs, routine review of its advertising content for legal assessment of risks;

Experience

> Drafting and negotiating contracts for traditional and digital advertising campaigns, including advertising agency service agreements, media purchase agreements, celebrity and influencer talent agreements, and product placement and endorsement deals;

> Risk assessment and broad legal and reputational advice on promotional, product labeling, marketing and advertising campaigns, in accordance with consumer protection regulations and advertising industry standards from the Brazilian Advertising Self-Regulation Board (CONAR);

> Legal advice on structuring the monetization of intellectual property assets and personality rights of Web3 initiatives and emerging technology projects, from clearing IP rights for metaverse and non-fungible token (NFT) projects to securing various transactions, as well as monitoring, protecting and enforcing clients’ IP and personality rights throughout the virtual world;

> Broad legal support for sports and eSports teams, athletes, sponsors and entertainment event organizations on the clearance, enforcement and monetization of intellectual property assets and personality rights;

> Legal advice and day-to-day support for pre- and post-production phases of film, video and audiovisual projects, from drafting and negotiating master production and marketing agreements and talent, production crew and logistics service agreements, as well as content clearance and risk assessment, to copyright registration of work product; and

> Advising on and negotiating umbrella and specific licensing agreements with the Brazilian copyright collecting society (ECAD) for public performance of music.

Education

Awards