Adv. Avadhi Joshi is a distinguished Intellectual Property and Media & Entertainment lawyer with a strong track record in safeguarding creative rights across Film, Television, OTT, Digital Media, and emerging technologies such as Artificial Intelligence. As the Managing Partner at VNA Partners, she specializes in contract drafting, intellectual property rights management, and strategic legal solutions for content creators, production houses, broadcasters, and talent managers. With extensive experience in copyright, trademark law, and entertainment legalities, she is adept at structuring and negotiating high-value agreements, including licensing, distribution, production, talent, and media rights contracts.
1. Can you share with our readers what inspired you to specialise in intellectual property, media, and entertainment law, and how did your time at Indian Law Society’s (ILS) Law College shape your formative years as a curious student of law?
During my time at ILS Law College, I explored various areas of law through internships, but none truly resonated with me. It was not until ILS organised a 3-day media and entertainment law course during my second year that I found my calling. The course provided me with a unique glimpse into a world I was already fascinated by, blending creativity with legal intricacies.
Inspired by this experience, I reached out to Ms Suvarna, who played a pivotal role in helping me secure an internship with a media and entertainment law firm. That internship marked the beginning of my journey in this dynamic field, where I found the perfect blend of my passion for creativity and my interest in law.
2. How has your experience as a Managing Partner at VNA Partners shaped your approach to managing media and entertainment law cases?
My experience as a Managing Partner at VNA Partners has greatly influenced my approach to handling media and entertainment law cases. It has taught me the importance of balancing legal strategy with practical, industry-specific insights. By working closely with diverse clients, from filmmakers and producers to marketing professionals and sports businesses, I have developed a deeper understanding of their unique challenges.
This role has honed my ability to provide tailored, business-focused legal solutions, ensuring not only compliance but also maximising opportunities for my clients. Collaboration, attention to detail, and a proactive mindset have become the cornerstones of my approach, enabling me to navigate complex legal landscapes effectively while safeguarding the creative and commercial interests of my clients.
3. Could you elaborate on the most challenging intellectual property case you have handled and how you resolved it?
One of the most interesting and challenging cases I handled involved a group of doctors-turned-producers who approached me for help. They had unknowingly signed an agreement with a director that classified them as mere financers, leaving all rights to the director. On paper, the rights were not in their favour, and pursuing the matter in court would have resulted in years of litigation.
To resolve the issue efficiently, we gathered substantial evidence of fraud and forgery to build a strong case. Additionally, we sought the support of industry bodies like Indian Motion Picture Producers’ Association (IMPAA) and the Producers Guild of India. With their assistance, we facilitated negotiations and managed to settle the matter smoothly within a few months, avoiding lengthy litigation while protecting the clients’ interests.
4. With your expertise in contract drafting, what strategies do you employ to balance the interests of all stakeholders in complex agreements?
In complex agreements, I focus on fostering clarity, transparency, and fairness. I ensure all stakeholder interests are understood through thorough consultations and prioritise balancing rights and obligations equitably. Clear drafting, minimising ambiguities, and including tailored negotiation clauses for dispute resolution are key. My goal is to create agreements that not only protect legal interests but also promote long-term collaboration by addressing potential conflicts proactively and incorporating win-win solutions.
5. How do you approach drafting international distribution and music licensing agreements to ensure global compliance?
When drafting international distribution and music licensing agreements, I take a multi-faceted approach. I stay updated with jurisdiction-specific laws, international treaties like the Berne Convention, and regulations such as General Data Protection Regulation (GDPR) for privacy concerns. I address key aspects like royalty structures, licensing scope, territorial restrictions, and dispute resolution mechanisms in detail. Collaboration with local counsel, when necessary, ensures compliance with regional nuances. Ultimately, my focus is on drafting agreements that are legally sound, practical, and aligned with global standards while safeguarding the rights of all parties involved.
6. Could you provide insights into managing intellectual property rights for tech companies versus media entities?
Managing intellectual property rights for tech companies versus media entities involves distinct strategies, given their differing priorities. For tech companies, the focus is often on safeguarding innovations like software, patents, and proprietary algorithms, ensuring robust protection against infringement, and drafting comprehensive non-disclosure agreements (NDAs) and licensing agreements. For media entities, the emphasis shifts to copyrights, trade marks, and rights related to content creation, distribution, and licensing. In both cases, I prioritise creating strategies that align with the client’s business objectives, whether it is monetising intellectual property (IP) assets, licensing, or enforcing rights, while addressing industry-specific challenges such as rapid technological evolution or content piracy.
7. What do you believe are the most significant changes in media law and regulations in the past five years? What is your vision for the future of media and entertainment law, particularly in the Indian context?
Over the past five years, significant changes in Indian media law and regulations include the increased focus on digital media and over-the-top (OTT) platforms, driven by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. These rules brought OTT platforms and digital publishers under regulatory oversight, emphasising self-regulation and grievance redressal mechanisms. Additionally, there has been a surge in copyright-related disputes, particularly concerning online content, and evolving guidelines around advertising, content standards, and data protection.
My vision for the future of media and entertainment law in India involves adapting to the challenges posed by rapid technological advancements. This includes addressing legal questions surrounding artificial intelligence (AI)-generated content, deepfakes, and virtual influencers. Strengthening frameworks around data privacy and digital rights management is crucial, especially with the anticipated enactment of the Digital Personal Data Protection Act, 2023. Furthermore, I foresee a greater emphasis on balancing creative freedom with regulatory compliance, ensuring that India remains a hub for innovation while safeguarding ethical and legal standards in media and entertainment.
8. In the era of artificial intelligence and digital transformation, what are the emerging challenges in intellectual property law that businesses should be aware of?
The rise of AI and digital transformation has brought several IP challenges. Key issues include determining copyright ownership for AI-generated works, protecting proprietary algorithms and datasets, and addressing infringement concerns related to deepfakes and synthetic media. The lack of clear legal frameworks in India regarding these technologies adds complexity, requiring businesses to adopt robust IP protection strategies. Additionally, with the advent of non-fungible tokens (NFTs) and digital assets, there is an increased need to address questions around licensing, authenticity, and enforcement in the digital realm. Businesses must stay proactive in understanding these evolving challenges and adapt their IP strategies accordingly.
9. As a leader in your field, how do you foster successful collaboration between producers, artists, and other key stakeholders in the entertainment industry?
Collaboration in the entertainment industry hinges on clear communication, transparent agreements, and a shared understanding of creative and commercial objectives. I ensure that all parties’ roles, rights, and obligations are clearly defined through well-drafted contracts that address key issues like intellectual property ownership, revenue sharing, and dispute resolution. I also emphasise building trust by facilitating open discussions during negotiations and resolving potential conflicts proactively. By balancing the creative and commercial interests of stakeholders, I create a foundation for long-term, mutually beneficial relationships.
10. How do you approach dispute resolution in the media and entertainment industry while minimising disruptions for your clients?
My approach to dispute resolution prioritises efficiency, confidentiality, and industry-specific strategies to avoid prolonged disruptions. Alternative dispute resolution mechanisms like mediation and arbitration are often my first choice, as they are faster and less adversarial than traditional litigation. Additionally, leveraging the support of industry bodies such as IMPAA, Indian Performing Rights Society (IPRS), and Screenwriters Association (SWA) can play a significant role in resolving disputes smoothly and faster. These organisations provide valuable frameworks and expertise that help mediate industry-specific conflicts effectively.
I also focus on pre-emptive strategies, such as drafting robust contracts with clear dispute resolution clauses and identifying potential risks early. This ensures that clients’ reputations, timelines, and business relationships remain intact, allowing them to focus on their creative and commercial objectives.
11. What personal values guide your work in providing legal counsel and support to creative professionals and businesses?
Honesty, knowledge, and a strong commitment to resolving conflicts rather than escalating them are the core values that guide my work. I believe in building trust with clients by being transparent, providing informed legal advice, and focusing on practical solutions that serve their long-term interests. My approach is rooted in empathy and a genuine desire to support creative professionals in safeguarding their work and achieving their goals.
12. How do you mentor junior associates and interns at your practice, and what key skills do you focus on developing in them?
I mentor junior associates and interns by fostering a hands-on learning environment where they can gain practical exposure to real-world legal challenges. I emphasise developing key skills such as attention to detail, drafting precise contracts, critical thinking, and effective communication. I also encourage them to ask questions, analyse cases from multiple perspectives, and stay updated on legal and industry trends. Beyond technical skills, I stress the importance of professionalism, ethical practices, and building client relationships, which are critical for long-term success in the legal profession.
13. What advice would you give to aspiring lawyers looking to build a career in intellectual property and media law?
In addition to mastering legal concepts, it is crucial to understand the business dynamics of the entertainment industry. Aspiring lawyers should familiarise themselves with the various stages involved in creating a film — from script development, pre-production, production, and post-production to marketing and distribution. Similarly, understanding how social media campaigns are strategised, executed, and monetised is equally important.
An entertainment lawyer must possess not only legal expertise but also a comprehensive understanding of the business aspects to provide seamless legal support. This includes knowing how contracts, intellectual property rights, licensing, and revenue models interact with creative and operational processes. To excel in this field, immerse yourself in industry knowledge, stay updated on trends, and strive to bridge the gap between legal frameworks and business realities.
14. Do you find the work hectic? Or better still, how do you manage to have a work-life balance in a corporate setup? What advice would you give to young lawyers to maintain their mental well-being?
The work can be hectic, but I believe effective time management and setting boundaries are key to maintaining balance. I prioritise tasks, delegate where possible, and dedicate time to recharge, whether through hobbies or spending time with family. It is important to recognise that consistent effort does not mean overworking yourself.
For young lawyers, I advise cultivating resilience, practicing mindfulness, and finding a healthy outlet for stress. Build a strong support system of mentors and peers, and do not hesitate to seek help when needed. Remember, your mental well-being is as important as your professional growth, and success comes from a balanced, sustainable approach to your career.
15. Beyond the legal profession, what are some of your personal interests or hobbies, and how do they complement your professional life?
I love watching content and analysing how in-film placements are executed, as well as identifying key terms and industry-specific concepts embedded in the content that might not be easily understood by the general audience. I find great joy in breaking down and explaining these nuances, which not only deepens my understanding of the industry but also keeps me updated on emerging trends.
Additionally, I take workshops for filmmakers, mass media students, and law students, helping them bridge the gap between creative pursuits and legal knowledge. These sessions allow me to share practical insights, connect with the next generation of professionals, and continuously refine my expertise, which directly complements my professional life as a media and entertainment lawyer.
