Artificial Intelligence (“AI”) is used by more people than ever, and it has firmly positioned itself as one of the great new technological frontiers. However, whether you are using AI to generate audios for your personal TikTok or to ghostwrite blog posts and copy for your business, the Copyright Office has put its foot down. You don’t own copyright in anything the AI produces – in…
The L+C Blog
Some Common Agency Independent Contractor Scenarios
As an agency owner, you work hard to prepare for unforeseen circumstances. You read books, you hold meetings, you buy insurance, you subscribe to this blog . . . And yet, situations with your contractors can really come out of left field, can’t they?
In this article, we walk through four different scenarios common with independent contractors that can have significant impacts on your…
The FTC Proposes the End of Non-Competition Clauses – What It Means for Your Agency
You have probably heard that non-competition clauses and non-competition agreements are becoming increasingly tough to enforce in many states. However, the Federal Trade Commission (“FTC”) recently proposed legislation that would make any non-competition agreement or clause completely unenforceable throughout the country. If this legislation were enacted, it would have widespread impacts.
BRAND SAFE: A Trademark Guide for Your Agency’s Next Branding Project
Deciding on a brand name, logo, or slogan is not an easy process. It is even harder when you submit your proposal for legal clearance and your lawyer says, “back to the drawing board”. Trust us, we hate saying this as much as you hate hearing it!
We have developed this guide for two reasons. First, whenever you decide on a brand scheme without consulting a lawyer, we hope that you w…
The Agency’s Legal Guide for TikTok Sounds
Agencies know that launching a brand campaign can be fast, exciting, and a tad chaotic. Adding influencers into the mix only makes things more complicated, and details can easily get lost along the way. It is no surprise, then, that agencies sometimes find themselves in hot water for unauthorized sounds being used in TikTok posts.
Copyright law is complicated, but TikTok is a necessity.
What Agencies Need to Know About the FTC’s Proposed Changes to the Endorsement Guidelines
The law is typically slow to catch up with business practices, so it’s no surprise the FTC is just now proposing changes to its endorsement and testimonial guidelines for marketers thirteen years after its 2009 amendments (the iPhone 3 era, to be exact).
There’s a lot to digest in the proposed changes, but we are going to give you the highlights so that you can be prepared when…
Data Driven: What Your Agency Needs To Know About Data Protection Obligations
Your marketing agency is increasingly required to collect, process, and analyze large amounts of data to run successful campaigns or achieve its clients’ business goals.
It’s a complex responsibility. And if the complexity isn’t challenging enough, managing all of this data has legal implications for your agency too. How do you get a handle on it all?
First, What do we mean by…
What Agencies Need to Know (Now) About NFTs and the Metaverse
There’s no doubt that by now your agency has been asked by a brand client about marketing in the metaverse or creating or using NFTs in its marketing.
Even if the client (or your agency) isn’t yet ready to apply either of these strategies, conversations about them are occurring, and it’s important to at least know “what you should know” about them. Because clients w…
Marketing with Influence – Be Ready to Negotiate These Points in Your Next Influencer Deal
The use of influencer marketing has exploded in the last few years, and along with that, the complexity of the brand-influencer partnership agreement.
As influencer marketing continues to gain in popularity, and influencer profiles continue to grow in reach and fame, influencer contract terms and conditions have likewise expanded beyond simple terms involving social media posts in exchang…
The IP Issues that Every Agency Encounters (Yes, Even Yours!)
Agencies are not only in the business of creating intellectual property (“IP”) assets for their clients, but they’ve got a number of their own IP assets they need to make sure they protect.
Whether it’s your agency’s pitch materials, concepts, strategies, pre-existing art or proprietary technologies, these critical assets are the true currency of every agency. And if you’re not…
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