Dr. Simon Hembt

Senior Associate for IP, Copyright, and Industry Regulation – with a focus on Digital Media, Games, and Cannabis.

I assist clients in the Digital Media sector in implementing their ideas legally and strategically. This includes addressing contract and intellectual property issues to develop, launch, and distribute games, advertising, or other content. I specialise in providing advice on all aspects of Digital Entertainment, particularly immersive (luxury) consumer goods, NFTs, mobile and blockchain games, synchronization rights, music streaming, digital rights management, user-generated content, and the metaverse. Additionally, I regularly support our clients in media law, gambling law, and (technical) youth protection.

One of the main areas of my practice is platform law and artificial intelligence. I specialise in all aspects of (EU) platform law and the platform economy, especially online copyright law (e.g., according to the EU Copyright Directive), as well as provider liability, provider regulation, and content moderation (e.g., under the EU Digital Services Act). Furthermore, I advise our clients on the implementation of (generative) artificial intelligence, both internally within their companies (such as handling training data and AI output) and in relation to their products (e.g., advertising, games, or platforms). I provide guidance on all matters concerning intellectual property and regulation (e.g., within the framework of the EU Artificial Intelligence Act).

Regularly, I advise our clients in matters of communication and advertising law, with a focus on consumer goods (food and cannabis), particularly in cases of false reporting and PR crises (reputation management). Additionally, I provide comprehensive support on advertising claims and marketing campaigns for food and dietary supplements, scientifically supported health advertisements (according to the German Medicines Advertising Act), online and influencer marketing, and contests.

A particular emphasis is placed on cannabis, especially regarding product communication, youth protection, and distribution in light of the planned decriminalisation in Germany. I assist our clients in complying with legal requirements, shaping their business models related to cannabis (such as CBD products or medical cannabis), and effectively communicating their ideas.

I regularly represent our clients in court and before authorities.

• Consultation on a mobile gaming transaction regarding media regulatory issues, particularly youth protection, and IP/contractual matters such as licensing and copyright.
• Extensive advice on platform regulation and platform liability under EU law (EU Copyright Directive, E-Commerce Directive, Digital Services Act) for prominent social networks, content providers, and gaming providers.
• Legal and technical guidance on the implementation of content moderation rules and handling user-generated content from an IP perspective in a metaverse.
• Advice on multimedia offerings such as digital events in games/metaverse, particularly regarding licensing issues, synchronization rights for music, use of NFTs, copyright-related concerns, and platform regulation.
• Support in ensuring media and IP compliance for a generative artificial intelligence provider.
• Advice & litigation in a significant copyright case involving fair remuneration for the author and protection of applied art works.
• Development of strategies and solutions for the decriminalisation of recreational cannabis use in Germany, considering German, European, and international law.
• Consultation on the design of advertising and communication for consumer goods, particularly food products, dietary supplements, and pharmaceuticals, in compliance with German and European regulations. This also includes advice on online advertising, influencer marketing, affiliate marketing, and prize draws in social media.
• Guidance and representation of clients in PR crises (reputation management), especially in press-related proceedings and the technical/legal handling of online hate speech.