Leveraging IP Licensing: Lessons from Bridgerton Netflix Show
An Intellectual property (IP) licence is an agreement between the owner of the IP and another party, in which the owner of the IP grants use of the IP rights to the other party, usually in exchange for a sum of money. Obtaining licensing permissions is essential for those deriving works from others. This allows you to make money off your work if it is heavily inspired from another’s, without fear of legal action being taken against you. This was illustrated recently with the popular TV show, Bridgerton.
The streaming platform, Netflix, is suing Abigail Barlow and Emily Bear over IP infringement. After Netflix’s release of the TV show adaptation of Julia Quinn’s Bridgerton, Barlow and Bear were inspired to create an Unofficial Bridgerton Musical – the pair were initially encouraged by Netflix to promote fan-made art.
Netflix offered Barlow and Bear licensing to allow the musical to grow and encourage such fan art, allowing them to create an album version of the musical. However, Netflix had refused a licence which allowed them to distribute their album and create performances. This meant they did not have the right to exploit the intellectual property relating to Bridgerton: the book or the series.
Despite the lack of licensing, Barlow and Bear continued to create and monetise the musical, selling tickets for up to $149 USD. Netflix filed a copyright infringement lawsuit, as the musical used the intellectual property of the Bridgerton TV series to build an international brand for commercial gain and goes far beyond the limitation of creating an album.
This case should remind entrepreneurs and business owners to obtain licensing when using derivative works from other people or companies. To obtain a license, you must negotiate with the IP owner on whether they are willing to grant you rights to their property and, if so, at what cost.
Operating without a license could be considered as breaching IP rights, leading to potentially serious consequences. In the UK, depending on the extent of the breach, you could be facing different charges, most likely a fine, but in most serious cases a breach could even result in criminal charges.
If you are unsure of whether or not a licensing agreement is necessary, it is best to seek legal advice tailored to your specific circumstance.
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Author: Tanisha Shah -
Author: Tanisha Shah -
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DISCLAIMER
This article has been written by law students for the sole purpose of providing informative insight. The information in this article is intended for educational purposes only and does not constitute legal advice, nor should the information be used for the purpose of advising clients. You should seek independent legal advice before relying on any of the information provided in this article.
Sources
Casuga J-AB, ‘Netflix Sues “Unofficial Bridgerton Musical” over IP Violations’ (news.bloomberglaw.com29 July 2022) <https://news.bloomberglaw.com/ip-law/netflix-sues-unofficial-bridgerton-musical-over-ip-violations> accessed 9 August 2022
Chilton L, ‘Netflix Sues Creators of the Unofficial Bridgerton Musical’ (The Independent31 July 2022) <https://www.independent.co.uk/arts-entertainment/tv/news/bridgerton-netflix-musical-sued-b2134949.html> accessed 9 August 2022
Richardson K, ‘Netflix Sues “Unofficial Bridgerton Musical” Duo for Infringement’ The New York Times (1 August 2022) <https://www.nytimes.com/2022/08/01/theater/netflix-bridgerton-musical.html> accessed 9 August 2022
Roth E, ‘Netflix Sues Creators behind the Unofficial Bridgerton Musical Following Sold-out Show’ (The Verge30 July 2022) <https://www.theverge.com/2022/7/30/23285371/netflix-sues-creators-unofficial-bridgerton-musical-emily-bear-abigail-barlow> accessed 9 August 2022
