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John Enser
Partner

John Enser

TMIC Practice Group Leader

Languages
  • English
Social media

John provides commercial, regulatory and copyright law advice to clients across the Technology, Media and Communications sector, in particular, those offering audio and audio-visual content via digital platforms, as well as platform operators.  He has been at the forefront of digital media developments for over 30 years, assisting clients to launch new and innovative services across a range of technologies; from the dawn of satellite television, through the birth of digital interactive media to today’s multi-channel synchronised offerings across broadcast TV, tablets, smartphones and other connected devices.

As well as general entertainment content, many of John’s clients are involved in the exploitation of music and sport.

John has a particular expertise in the licensing of music rights (both individually and collectively) and has represented parties in leading UK Copyright Tribunal cases involving the licensing of music for use in CDs, DVDs, in online and mobile music, in broadcast and in on-demand television.  He has also been involved in establishing licensing models for other types of music use, including in various aspects of the leisure sector.

His clients include linear and on-demand service providers, sports rights holders, record companies, pure-play digital content businesses and mobile operators as well as companies that invest in and provide debt finance to the sector.

Awards & Recognitions
01
  • Quote
    "John has a very good reputation in the music field and provides strong, strategic advice."
    Chambers and Partners 2025
  • Quote
    "John is very well respected, especially in the copyright area."
    Chambers and Partners 2025
  • Quote
    "John Enser is a strong performer in mandates involving the distribution of audio and audiovisual content via digital platforms."
    Legal 500 2025
  • Quote
    "The go-to name for music-related matters, John Enser is routinely engaged by platform operators and clients offering audio and audiovisual content via digital platforms in relation to regulatory, commercial and copyright mandates."
    Legal 500 2025
  • Quote
    "John quickly gets to the heart of some of the thorniest issues and helps distil complex matters into clear, commercial and practical advice."
    Chambers and Partners 2024
  • Quote
    "He is outstanding.”
    Chambers and Partners 2024

Relevant experience

  • BT Group on its arrangements with Warner Bros. Discovery, Inc (WBD) in connection with the 50:50 JV covering BT Sport and Discovery’s UK sports portfolio.  John co-led on the entire transaction and led on the commercial agreements (in particular in connection with the structure and drafting of BT’s ongoing rights to provide BT Sport to its customers, the arrangements for BT customers to received Discovery+, the transfer of existing assets and rights to the JV) as well as media regulatory aspects.
  • The International Cricket Council FZ-LLC on its global media rights tender, bidding and evaluation process for its tournaments from 2023 to 2031 in India, UK, North America and other territories. 
  • ViacomCBS and Comcast on aspects of the JV partnership to launch SkyShowtime, a new SVOD service being made available in more than 20 European territories across 90 million homes with entertainment, movies, and original series from the NBCUniversal, Sky and ViacomCBS portfolio of brands. John led on media regulatory and compliance issues, working with CMS colleagues across multiple territories.
  • A global sports rights holder in connection with its tender of European media rights across a complex matrix of rights packages and territories.
  • Major broadcasters, audio- and video- services providers and others on negotiations with PRS for Music, ICE Services and major music publishers in connection with mechanical and communication to the public licensing of a range of online services.
  • A leading sports rights agency on competition and regulatory matters relating to rights sales processes in many territories in Europe and beyond.
  • Global, the Media & Entertainment group founded by Ashley Tabor OBE, on its purchase of key outdoor advertising assets – Exterion, Primesight and Outdoor Plus and on various regulatory matters for both the radio and outdoor divisions of Global.
  • Advance/Newhouse Partnership (“Advance”), a diversified, family-owned company that operates and invests in a broad range of media, communications and technology businesses, on its agreement to purchase 100% of the shares of Stage Entertainment, one of the world’s largest theatre producers and owners, operating 20 theatres and partnering with world-renowned creative talent to produce shows attended by over seven million visitors annually, including Tina: the Tina Turner Musical in London and the Lion King in Hamburg and Madrid.  John led on the commercial and regulatory aspects, working with corporate partner Louise Wallace and CMS colleagues in the Netherlands and 6 other European territories.
  • GAME Digital plc on the ongoing commercial arrangements entered into to support its events and esports business, as part of its disposal of its subsidiary Multiplay, which operates an online game server-hosting business for game developers and a direct B2C game hosting service, to San Francisco-headquartered Unity Technologies.
  • ITV on a Copyright Tribunal reference challenging the terms on which the Performing Right Society and Mechanical-Copyright Protection Society license ITV's use of music in its programmes / services.
  • Viacom International Media Networks on the commercial and regulatory media aspects of its acquisition of Channel 5 Broadcasting Limited for £450 million and on repeated extensions of its advertising sales relationship with Sky in the UK and Ireland. The arrangement originally negotiated by John in 2009 covered Viacom’s popular portfolio of 17 TV channels – including Comedy Central, MTV, Nickelodeon and VH1.  In 2015, the agreement was extended to include Channel 5 and its associated channels and My5. 
  • Football clubs and other sport and leisure service providers on music licensing issues.
  • UK Music (the collective body representing the collective interests of the recorded, published and live arms of the British music industry) on a judicial review of the UK Government’s implementation of the private copying exception to copyright, on the grounds that it was inconsistent with the EU Copyright Directive.  The claim was successful and as a result, the private copying exception was quashed.

Publications

  • Commercial Communications (Chapter) in Media Law & Practice (Goldberg, Sutter and Walden), Oxford University Press (1st Edition 2009, 2nd Edition forthcoming).
  • “The EU's Digital Single Market Proposals: Audiovisual Media, Geo-blocking and Telecoms Regulatory Proposals” in International Comparative Law Guide to Telecoms, Media and Internet Laws & Regulations 2017
  • Credited contributor to "Follow the Money: Financial options to assist in the battle against online piracy", a discussion paper on tackling advertising revenue from illegal websites published by Mike Weatherley MP, Intellectual Property Adviser to the British Prime Minister, 2014

Memberships & Roles

  • Chairman, TV against Piracy Group
  • Chair of Copyright Working Group, British Screen Advisory Council
  • Royal Television Society
  • Fellow, Royal Society of the Arts

Lectures list

  • “Digital Single Market and Brexit” 10th Internet & Social Media Law Conference, IBC/Informa, December 2016
  • “Making sure you are privacy compliant when handling consumer and viewing data”; presentation at a private symposium for a major international TV and broadband company, November 2016
  • Brexit, a Survival Guide (for the TV industry) - panel at MIPCOM, Cannes, October 2016
  • ‘Brexit’ and the implications for the UK Music Industry – panel at the Annual Conference of the BPI (UK recorded music trade association)
  • ‘The legal landscape: will a future independent UK policy framework help or hinder the music industry?’ at Westminster Media Forum: Next steps for the UK music industry - monetisation, policy challenges and the future of live, July 2016
  • "The Digital Single Market programme: impact on film and TV investors" for Ingenious Media Group, June 2016
  • "Digital Copyright: Shaping New Law into Solution-Focused Advice for Clients", White Paper Conferences (Chair), June 2016
  • The Legal and Regulatory Challenges for Digital; Citi's annual Internet and Digital Conference, London, May 2016
  • Intellectual Property (IP) Transactions: Law and Practice, UCL Institute for Brand and Innovation Law (2015, 2016, forthcoming)
  • European Policy for Intellectual Property 10th Annual Conference (EPIP 2015), Glasgow “Copyright and Geography” (Chair)

Education

  • 1989 – Admitted as a Solicitor in England and Wales
  • 1986 – Law Society Finals (Distinction), College of Law, Chester
  • 1985 – BA (Hons) Jurisprudence, Pembroke College, Oxford