Associates, In-House Counsels & Advocates

“To transition into media and technology law, one should start by building a strong foundation in contract and intellectual property law, especially copyright and licensing.” – Diwakar Abhishek, Legal Counsel at Swastik Productions Private Limited, Mumbai.

This interview has been published by Anshi Mudgal and The SuperLawyer Team

What initially drew you to the legal profession, and how did your academic journey shape your early interest in media, entertainment, and technology laws?

To be honest, I initially became a lawyer almost by elimination! Like many in my region, engineering was presented as the ‘obvious’ path. While I knew it wasn’t for me, law wasn’t a generational profession in my family, which led to some initial resistance. However, I was eventually drawn to the legal field’s potential to shape society and advocate for others.

My early interest in criminal law was more out of curiosity for the drama, but it was the MCU and similar movies that unexpectedly sparked my fascination with IPR. I was intrigued by how these films showcased the immense value of creative works, the complex web of ownership and licensing, and how legal frameworks protect and enable the entire entertainment industry. It was a whole new world! 

Did I pursue it right in the beginning – the answer is NO! My first job was purely out of need and financial constraints, I grabbed the job that demonstrated security, and paid fine. Then the second and the third; none gave me ample satisfaction.

Even though this interest in IPR grew within me sub-consciously but persistently, for almost a decade, it took me some time to really gather courage to pursue it. The world of media and entertainment law seemed very specialized and competitive, and I wasn’t sure how to break in. Interviewing with studios and specialized law firms in media practices resulted in disappointment. 

The pandemic of 2020, in a way, provided the space to seriously reflect and take that leap, when I jumped from the ship, in unchartered waters (for myself). I took the time to build a solid foundation in media law while continuing to explore opportunities. 

Looking back, I’m grateful for that journey. The initial resistance from my family has turned into immense support, and I’ve found a truly rewarding path in a dynamic field. Learning from all previous jobs has equipped me to face challenges. For any young lawyer unsure of their path, I’d say embrace the unexpected, explore your passions, and don’t be afraid to carve out your own niche. Your unique background and interests can become your greatest strengths.

Looking back at your first role, how did your experience in legal project management and forensic investigations lay the foundation for your future work in corporate and media law?

My initial role in digital forensics, or e-Discovery, might seem far removed from media law, but it provided an invaluable foundation. This role involved analyzing the communications of top-level executives (like CEOs and CFOs) at major global companies. Reading their emails, strategic plans, risk assessments, and discussions gave me a unique understanding of how business decisions are made at the highest level. I saw firsthand how legal considerations intertwined with financial projections, market analysis, and strategic goals. You get to see how the executives of fortune 500 companies across the world think. Their communications with their lawyers, their external lawyers, business considerations, thought process; they were open before me. When you are reading through the emails, financial projections, opinions, risk assessment, business proposals, and the discussions of these CXOs day-in and day-out, at around 1000 documents per day, the information, although enormous, starts building up, stacking in a meaningful manner.

Simultaneously, I had the opportunity to work with some of the world’s leading legal minds, who possessed inspiring business acumen. I learned how to manage client expectations, innovate in real-time to expedite processes, and build efficiency to handle large volumes while maintaining high quality.

These experiences taught me how to assess risks and rewards, a skill that’s crucial in any legal field, including media law. For instance, when evaluating a content licensing agreement or advising on a new production, I draw on my understanding of the business realities to provide informed and balanced counsel. I am able to give the risk assessment which is a balance between risks and rewards for each deal or opportunity. This background has shaped how I approach legal challenges, combining legal expertise with a practical understanding of business objectives. That experience helps me even today in interpreting contracts not just for what they say, but what they might mean commercially.

Your work at Sodexo involved legal operations across the APAC region, what challenges did you face managing cross-border legal compliance, and how did this prepare you for later in-house counsel roles?

Sodexo was my first in-house role, a significant shift from working with external clients and a deep dive into Indian law. Initially, I found it quite challenging. For example, understanding the specific needs and expectations of “internal clients”; colleagues in departments like sales, operations, and HR who needed legal support, was new. Also, I had to quickly learn the ropes of a completely new industry and adapt to the company’s work culture. There was a lot to learn in a short time!

Fortunately, I had patient mentors and a very supportive boss, without whom I may have struggled. I was given increasing responsibilities, starting with contracts management for Indian operations, then litigation, and eventually overseeing legal matters for Southeast Asia and the Middle East.

While the role didn’t involve managing cross-border compliance in the way that some multinational companies do, it did require me to handle legal issues with an international dimension. For instance, when supporting a project in Hong Kong, I had to immerse myself in Hong Kong law, compare it to Indian law, and ensure our contracts were sound in that jurisdiction. This involved careful analysis and collaboration with local counsel. For example, navigating labour laws while drafting service-level agreements with large FMCG clients taught me about balancing scalability and compliance.

Looking back, my time at Sodexo was pivotal. It taught me how to be a business partner, not just a legal advisor. I learned to communicate legal advice effectively to non-legal colleagues, manage diverse stakeholders, and develop practical solutions in a fast-paced environment. These are essential skills for any in-house counsel, and the experience I gained at Sodexo truly prepared me for the challenges and opportunities I’ve encountered in my subsequent roles.

Having transitioned into media law with ALTT and later Screenwriters Association, what were the most significant legal or contractual differences you encountered between tech-sector law and entertainment law?

When I left Sodexo to pursue media and entertainment law, I started small – drafting contracts for screenwriters and gradually working with artists, producers, and even international clients on content compliance and music rights. The early work didn’t pay much, but it helped me build trust and credibility; some of those clients still reach out today. Breaking into the industry wasn’t easy, and I’m grateful to Balaji Telefilms for giving me my first in-house opportunity, which soon led to heading legal operations at ALTT.

The shift from service industries to a content-driven company was massive. Earlier, I was reviewing contracts post-signing; now I was involved from ideation to release: across film, TV, and digital platforms. The core legal principles stayed the same (like contracts and labour laws), but the subject matter completely changed, from food regulations to copyright, talent agreements, and licensing.

My tech background, especially in digital forensics, gave me an edge in content rights, data governance, and cross-border compliance. At the Screenwriters Association, I focused on protecting creators, negotiating fair contracts, and educating them on their rights. While each role was different, the constant has been using law as a tool to empower, protect, and enable creative work. The shift taught me that while legal fundamentals remain the same, the ‘language’ of law differs dramatically across industries, and learning to speak both fluently is what makes a good media lawyer.

In your current role leading the legal department at Swastik Productions, how do you approach providing strategic legal counsel on content production, syndication, and partnerships, and what are the key intellectual property considerations that typically arise when structuring such deals in the entertainment industry?

In my current role at Swastik Productions, legal strategy is never one-size-fits-all; each production, syndication, or partnership comes with its own set of challenges.

Content Production: I tailor my approach based on the medium:

  • TV deals often mean limited IP ownership for us, so I focus on securing strong commercial terms and airtight contracts.
  • Films require deeper negotiations around IP, creative control, and distribution rights; I handle these with a mix of legal detail and business sense.
  • Digital content needs special attention to rights, copyright risks, and compliance with evolving digital laws.

Syndication: Whether we’re licensing content in or out, rights clarity is key. I ensure we secure or retain the right scope, minimize exposure, and structure deals for long-term value, thanks to my prior experience managing complex licensing agreements.

Partnerships: Strategic alliances need a 360° legal view, requiring balancing IP rights, revenue models, creative inputs, and risk-sharing. Each deal is structured with both business goals and legal safeguards in mind.

IP at the Core: Across the board, IP is central:

  • Ownership and assignment must be clear.
  • Licensing scopes (use, geography, duration) must be precise.
  • Third-party rights must be cleared, my digital forensics background helps here.
  • Moral rights and creative decision rights, often overlooked, matter deeply in creative collaborations.

At the heart of it, my job is to enable great storytelling while protecting Swastik’s interests. The diversity of work keeps it exciting, no two deals are the same.

Having led IP litigation and compliance operations across UK and US jurisdictions, how did you navigate the complexities of cross-border intellectual property enforcement, and what were some of the key challenges or learnings from handling high-stakes cases internationally?

While I haven’t directly led litigation in foreign jurisdictions, I’ve played a crucial managerial and support role in several high-stakes IP matters, particularly during my time with legal process outsourcing and consulting firms where I collaborated on UK and US cases. My involvement ranged from overseeing document review teams to coordinating closely with external counsels and in-house legal departments of multinational clients.

In cross-border IP enforcement, especially in the context of mergers and acquisitions or global patent disputes, the challenge is often less about the black-letter law and more about synchronizing legal strategy across jurisdictions, each with its own procedural idiosyncrasies. For example, reconciling discovery expectations in the US with data protection constraints under the UK or EU regimes required a deep understanding of not just the laws, but also cultural and operational nuances.

A major learning for me was the importance of structured communication, translating legal and technical complexity into actionable advice for internal business teams while keeping litigation timelines and compliance risk under control. I also became adept at coordinating across time zones and legal systems, often acting as a bridge between the litigation counsel and the business decision-makers.

The most impactful aspect of this work was realizing that successful enforcement is as much about procedural discipline and strategic foresight as it is about substantive rights. Managing document trails, understanding patent families, aligning with antitrust concerns in cross-border deals, all required a careful orchestration of legal, commercial, and compliance objectives.

In sum, while I wasn’t the lead litigator, I contributed meaningfully by ensuring the right intelligence, compliance safeguards, and documentation flowed to the right hands at the right time. These experiences have given me both a global perspective and a strong operational grasp of how IP enforcement plays out in practice across borders. This foundation makes me confident in navigating global rights and data governance frameworks as the media landscape continues to globalize.

What advice would you offer to law students or early-career professionals who aspire to transition into media and technology law, and what skills or experiences should they actively pursue?

I would like to reiterate, there is no “one glove to fit all hands!” The media and entertainment industry is nuanced, and comes with its own struggles. To transition into media and technology law, law students and early-career professionals should start by building a strong foundation in contract and intellectual property law, especially copyright and licensing. Staying updated on evolving tech regulations like data privacy and cybersecurity is equally important. Developing a basic fluency in emerging technologies such as AI or blockchain can give you a distinct advantage. 

Key soft skills like negotiation, discretion, and commercial awareness are essential in this space. Understanding how entertainment and tech businesses generate revenue will help you navigate legal challenges better. 

Pursuing specialized certifications such as CopyrightX or NPTEL or from organizations such as Law Sikho are helpful to offer a competitive edge. 

Gaining hands-on experience through internships with production houses, OTT platforms, or digital rights organizations is highly valuable. Working with law firms that service media clients or freelancing for creators helps build practical knowledge and a portfolio. 

Networking with professionals at media and tech law events and maintaining an active LinkedIn presence helps in staying visible and informed. Lastly, be open to non-traditional roles within content, IP, or compliance teams as stepping stones into the field.

Outside of your legal career, how do you unwind and relax, and in what ways do these personal interests contribute to maintaining balance, focus, and resilience in such a demanding profession?

Outside of my legal work, I unwind through short motorcycle rides that help clear my mind and give me a fresh perspective. Riding requires focus and adaptability, which mirrors the multitasking I often do in my professional life. I also enjoy reading fiction, it allows me to step into different worlds and sharpens my storytelling, something I find useful when drafting arguments or simplifying complex ideas. Most of my downtime is spent with my wife and our two dogs, whose companionship is a constant source of comfort and balance. I keep a very small circle of close friends, and those rare conversations keep me grounded. While the legal profession demands attention over weekends too, I make the most of any free moment to recharge. I’ve learned to juggle tasks efficiently, and I believe my passion for riding and stories plays a part in that. They teach me presence, rhythm, and timing, the qualities I bring into my legal work too. These personal interests may be simple, but they help me stay focused and resilient. Even a brief ride or a good book can do wonders in keeping the mind relaxed and sharp.

Get in touch with Diwakar Abhishek –

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