Patricia C. Ernst

Senior Associate | Berlin

pernst@mofo.com | 49 30 72622-1321

pernst@mofo.com
49 30 72622-1321

Deutsch | English

Patricia is a senior associate in Morrison & Foerster’s Berlin office and a member of our Film & Entertainment practice as well as the Technology Transactions Group. She advises German and international clients on all aspects of intellectual property law, with an emphasis on German and European copyright and media law matters.

Following a passion for filmmaking and content, Patricia has aligned her personal interests with her practice at Morrison & Foerster and focuses her practice on the film, media, and entertainment industry. She is specialized in advising local and international entertainment companies such as major Hollywood studios and international VoD platforms on the whole life cycle of audiovisual content, including the development, funding, production, marketing, and distribution of film and TV series in Germany. Patricia also regularly advises VoD platforms and TV broadcasters on regulatory aspects, such as youth protection, notice obligations, and advertisement restrictions. She is a lecturer on media law and film distribution at Film University Babelsberg Konrad Wolf (a master’s program at EPI institute).

Patricia is admitted to practice in Berlin and holds a master’s degree in intellectual property and media law. She is a member of the German Film Academy (Deutsche Filmakademie), GRUR (Association for the protection of Intellectual Property Rights), and German Association for Comparative Law, as well as the German Academy of the Arts (Akademie der Künste). She studied law at Free University of Berlin and the University of Connecticut, School of Law, Hartford. Prior to joining Morrison & Foerster, she worked for an international law firm in Berlin. As part of her Ph.D. studies, Patricia has also been a research fellow with U.C. Hastings, College of the Law, San Francisco, and the Institute of International Private Law, International Civil Procedure Law and Comparative Law in Berlin.  Patricia has been awarded scholarships by, among others, the German Academic Exchange Service (DAAD) and the University of Connecticut, School of Law.

Representative Experience

  • Ongoing advice to major Hollywood studios in the context of film and TV series production with regard to drafting and negotiation of option and filming as well as screenplay agreements, chain of title review, recoupable and non-recoupable subsidies, co-production and distribution agreements, music clearance, cast and crew agreements, including production templates, producer briefings, rough cut review, final deliveries, credits and paid ads, rights clearances, title review, marketing cooperations, personality rights clearance, and litigation.
  • International merchandising brand on production services agreement with animation studio; European / German funding and negotiations on co-development deal with private broadcaster regarding animated TV series.
  • Telecommunications network on launch of IPTV platform, including negotiation of licensing and distribution agreements with numerous TV broadcasters and collecting societies.
  • International VoD platform on regulatory matters such as film levy, youth protection, age rating, censorship, product placement and sponsoring, advertising, notification obligations, dubbing, credits, etc.
  • Leading German marketing agencies on production service provider agreements, testimonial agreements, trademark law, unfair competition law infringements, and platform distribution agreement.
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