Nicholas Kraegen

Nicholas (Nick) Kraegen

Associate
Baker & McKenzie

Biography

Nick is a senior associate in the Media and Content team, within the IPTech practice and acts on a variety of commercial, advisory and litigious matters. Nick advises and represents a range of clients in the media and publishing, IT, communications, and FMCG industries, including in relation to intellectual property (with a strong focus on copyright) and advertising law. Acting for licensees in the Copyright Tribunal has been a significant part of his practice in the last several years.

Prior to joining Baker McKenzie he worked in-house at NineMSN, now Nine Digital.

Nick's work also focuses on copyright enforcement strategies in a digital context, and he has represented a range of international and domestic rightsholders in anti-piracy proceedings.

Representative Legal Matters

  • Acting for Meltwater Australia in Application by Meltwater Australia Pty Ltd against Copyright Agency Limited CT 2 of 2017, Copyright Tribunal of Australia proceedings in relation to factually and legally complex copyright licensing issues. After a significant success for the licensees at first instance, Copyright Agency's appeal to the Full Federal Court was dismissed in July 2022.

  • Acting for Network Ten/the Paramount Global group in relation to the Paramount + streaming service in relation to APRA AMCOS' rights in musical works, granted under a proposed licence scheme which is now before the Copyright Tribunal (proceeding CT 1 of 2021). The matter remains ongoing.

  • Acted for Motion Picture Association studios, Television Broadcasts Limited and Madman Entertainment in several copyright "site blocking" anti-piracy actions. This litigation was first in its kind in Australia in a range of respects, and included world first orders disabling pirate set top box devices.

  • Ongoing pre-publication advice in respect to defamation, contempt, copyright, suppression orders, and non-publication legislation to various Australian media outlets.

  • Advises rightsholders in relation to novel copyright enforcement strategies in Australia including targeting pirate set top box operators and criminal enforcement.

  • Advising on consumer law and trade practices compliance.

  • Drafting commercial agreements for a range of media and technology clients for a variety of purposes.

  • Advertisement clearance (print, broadcast and radio) and advising on compliance with consumer, trade mark and copyright law and applicable advertising codes.

Professional Honors

  • Winner, Technology, Media and Telecommunications, 30 Under 30, 2018
  • Media and Entertainment Rising Star, Legal 500

Professional Associations and Memberships

  • Law Society of New South Wales - Member
  • CAMLA Young Lawyers Committee - Member (2017-2018)

Corporate Responsibility

  • Volunteer Solicitor, Marrickville Legal Centre Youth Legal Service
  • Refugee Advice and Casework Service

Admissions

  • High Court of Australia~Australia (2016)
  • New South Wales~Australia (2015)

Education

  • University of Sydney (LLB)
  • University of Sydney (BA Media and Communications)

Languages

  • English