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The business of entertainment: why intellectual property is at the heart of a global creative economy

Entertainment is often perceived primarily through its most visible products: films, television series, music, concerts, festivals and celebrities. Yet, behind these products lies one of the most sophisticated and economically significant ecosystems in the global economy, one built largely around the creation, ownership, licensing, distribution and commercialization of intangible assets. Intellectual property provides the legal framework that allows these creative works to be owned, licensed, distributed and ultimately turned into businesses.

 

Behind each of these products is a complex network of rights and commercial relationships. A film depends on agreements with writers, directors, actors, producers and composers. A song may involve composers, performers, publishers, labels and platforms. Artists themselves build value around their names, images, performances and creative works. And major festivals bring together trademarks, sponsorships, licensing, broadcasting, merchandising and content distribution.

 

The scale of this ecosystem is substantial. According to PwC’s Global Entertainment & Media Outlook 2026–30, the global entertainment and media industry generated approximately US$3.5 trillion in revenues in 2025, encompassing advertising, connectivity and consumer spending across a broad range of segments. PwC projects that the market will reach approximately US$4.2 trillion by 2030.

 

These figures should be understood carefully: the PwC definition of entertainment and media is broader than the traditional concept of the entertainment industry and includes connectivity and advertising. Nevertheless, they demonstrate the extraordinary economic scale of the ecosystem in which audiovisual content, music, live experiences, digital platforms and intellectual property operate.

 

For intellectual property firms, this represents a significant strategic opportunity. As entertainment becomes increasingly digital, global and interconnected, the complexity surrounding creative assets grows alongside the value of those assets.

 

A global market built around Intellectual Property

The growth of entertainment is not dependent on a single medium. Rather, different segments increasingly reinforce one another. Audiovisual content is distributed through cinemas, television, streaming services and social platforms. Music moves simultaneously through streaming platforms, radio, concerts, festivals, advertising, audiovisual productions, video games and brand partnerships. Artists themselves increasingly function as intellectual property portfolios, with names, images, performances, recordings, compositions, trademarks, merchandise and commercial partnerships forming interconnected sources of revenue.

 

The music industry illustrates this transformation particularly well. According to the International Federation of the Phonographic Industry (IFPI), global recorded music revenues reached US$31.7 billion in 2025, an increase of 6.4% and the eleventh consecutive year of growth. Paid subscription streaming remained the principal driver of the market, with 837 million users of subscription accounts worldwide.

 

The geographic distribution of this growth is equally significant. Latin America was the fastest-growing region in 2025, with recorded music revenues increasing by 17.1%. The region’s growth was driven overwhelmingly by streaming, which accounted for 88.1% of recorded music revenues.

 

The numbers show something important about the modern entertainment economy: intellectual property is no longer monetized through a single transaction. A song can generate value through streaming, synchronization, public performance, mechanical rights, advertising, live performances, merchandise, brand partnerships and derivative content.

 

The same principle applies to audiovisual works. A film or series may generate revenues through theatrical exhibition, television licensing, streaming, international distribution, format licensing, merchandising, advertising, soundtrack exploitation and adaptations.

 

The underlying asset is often the same creative work. What changes is the commercial channel through which the intellectual property is exploited.

 

This multiplication of exploitation channels creates opportunities, but it also creates legal complexity. 

 

The entertainment value chain is a legal value chain 

The modern entertainment industry is characterized by a succession of rights and commercial relationships. 

 

A film requires agreements with writers, directors, actors, producers, composers and other contributors. It may involve financing agreements, production arrangements, distribution licenses, international co-productions, music synchronization, trademarks and merchandising. A recording artist may simultaneously be connected to a record label, music publisher, manager, producer, distributor, concert promoter, brand partner and streaming platforms. A festival may involve dozens of artists, hundreds of suppliers, sponsors, broadcasters, technology providers and licensors.

 

At every stage, intellectual property determines who can do what, where, for how long and under what economic conditions. This makes contractual architecture particularly important.

 

The commercial success of an entertainment project may depend on the quality of its chain of title, the clarity of its licensing provisions, the allocation of derivative rights, the definition of territories and media, the treatment of future technologies and the mechanisms for calculating and auditing royalties.

 

In other words, legal work performed at the beginning of the creative process can directly affect the commercial value of the asset at the end of the chain.

 

 

From protecting rights to building entertainment businesses

The most significant opportunity may be to move beyond the traditional idea of intellectual property as something that needs to be “protected.” In entertainment, intellectual property is an asset that must be structured, managed, licensed and monetized.

 

In entertainment, the value of intellectual property goes well beyond registration or formal protection. A trademark may become a global entertainment brand. A song can generate revenue through streaming, publishing, synchronization, live performances, merchandise and brand partnerships. An audiovisual production can evolve into a franchise, a format or a catalogue of exploitable rights. Likewise, a festival can develop into a brand ecosystem that combines ticketing, sponsorship, broadcasting, licensing, merchandising and digital experiences.

 

This perspective changes the role of legal counsel. The lawyer becomes involved not only when a dispute arises, but when the asset is created, structured, protected and commercialized.  That is particularly relevant in an industry in which mistakes concerning rights ownership can become extremely expensive once an asset becomes successful.

 

Intellectual Property as the infrastructure of entertainment

The entertainment industry illustrates a broader transformation in the global economy: value is increasingly created not only through physical goods and services, but through creativity, brands, content, reputation, experiences and other intangible assets.

 

The scale of the market reflects this transformation. Billions of dollars are generated every year through music, audiovisual content, live events, streaming platforms, advertising and the commercial exploitation of creative works. At the same time, the multiplication of distribution channels and business models has made the underlying rights increasingly complex.

 

In this environment, intellectual property is more than a mechanism for preventing unauthorized use. It is the infrastructure that allows creative assets to circulate through the market, reach different audiences and generate value across multiple forms of exploitation.

 

For creators and entertainment companies, this means that legal strategy should begin long before a dispute emerges. Ownership, licensing, contractual structures, brand strategy, rights clearance and commercialization should be considered from the earliest stages of a project. As technology continues to reshape the ways in which content is created and consumed, legal frameworks must also be capable of addressing new forms of exploitation and new categories of risk.

 

For intellectual property law firms, this evolution creates a natural opportunity to engage more deeply with the entertainment sector. The expertise required to protect trademarks, copyrights, creative works, brands and digital assets is increasingly intertwined with the commercial decisions that determine how those assets are created, licensed and monetized.

 

Ultimately, the entertainment industry is not simply a market for creative content. It is a sophisticated economy built around intellectual property – an economy in which the ability to identify, structure, protect and unlock the value of intangible assets can be as important as the creative work itself.

 

As the global creative economy continues to expand, the role of intellectual property counsel will increasingly extend from protecting what has already been created to helping shape how creativity becomes sustainable economic value.

 

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Advogado(a) autor(a) do comentário: Hiago Andrioti Cordioli, Lígia Ferreira Marcondes Rocha e Cesar Peduti Filho, Peduti Advogados

 

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Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.

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