The Legal + Creative Blog

An Intellectual Property Law, Advertising Law, and Marketing Law Blog for Creative People

Agency Management Agency-Client Relationships Agency-Freelancer Relationships Influencer Marketing

Marketing “Under the Influence” – A Survival Guide for Agencies

Influencers have become essential tools for agencies and their clients to reach new audiences, build credibility, and drive sales. It’s true that  negotiating influencer agreements can be a challenging process, especially when you’re trying to get a campaign launched on a tight deadline, but these key tips will guide your team as it  as you […]

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Invasion of the California Privacy Acts….Understanding CIPA and Your Marketing

If you haven’t heard of the California Invasion of Privacy Act, otherwise known as CIPA, you probably will soon. Agencies and businesses across the country have been receiving demand letters and threats of litigation for supposed “CIPA Violations”, and these letters often demand a hefty settlement for them to disappear. If your agency does digital

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Copyright Law General Influencer Marketing Trademark Law

Contractor Or Employee? Actions Speak Louder Than Terms

You may be familiar with this situation. Your agency engages a freelancer to help you with client projects. Maybe that freelancer uses agency equipment and materials to create the work product, is engaged for an indefinite period of time, is asked to track time on each project, and is paid on a monthly basis. You

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law General Trademark Law

THIS JUST IN: NEW FTC RULE BANS NON-COMPETES

On April 24, 2024, the Federal Trade Commission (FTC) issued a new ruling that essentially bans non-compete clauses across the board for employers. This decision comes after much debate recently around the enforceability of non-competes across various states, as more and more states were rendering them unenforceable or at least much more difficult to enforce.

THIS JUST IN: NEW FTC RULE BANS NON-COMPETES Read Post »

Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law General Influencer Marketing Social Media Law Trademark Law

TikTok, Music and Congress…..What Do Agencies Do Now?

Oh TikTok, how you confound us right now! It’s whiplash time for agencies that have integrated TikTok into their toolkit of recommendations for clients who want to grow brands or achieve other specific business results online. Let’s walk through some recent legal developments that are affecting TikTok campaigns and creative choices for marketers on the

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law

LET’S GET TOGETHER: AGENCY STRATEGIC ALLIANCES, DONE SAFELY

As an agency owner, you likely spend a lot of time thinking about where your next business opportunities will present themselves. If your agency is like a lot of its peers, the answer might be that your next opportunity is from another agency. Perhaps it’s because your client needs services that your agency isn’t staffed

LET’S GET TOGETHER: AGENCY STRATEGIC ALLIANCES, DONE SAFELY Read Post »

Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law General

Through The Looking Glass – A Quick Guide For Agencies To The New Corporate Transparency Act

Our main newsletter article last month focused on data privacy – the business of keeping information private and undisclosed. This time, let’s talk about disclosure – specifically disclosure of your information as an agency owner to the federal government. If your agency role includes the status of business owner, by now you have probably heard

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Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law General Influencer Marketing News Social Media Law Speaking and Agency Training Trademark Law

It’s A Private Matter – Agencies And Data Privacy Regulations Today

It’s not always obvious, but consumer data plays an essential role in your agency’s marketing strategies. Agencies need to be aware of the implications privacy laws can have on you and on your clients as you develop your next strategy recommendation or campaign idea. In 2023, four new states adopted statutes protecting the use and

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Ad and Marketing Regulations Agency Management Content Marketing Law Copyright Law Influencer Marketing News Social Media Law Trademark Law

It’s Unavoidable: What The FTC’s Updated Endorsement Guidelines Mean For Your Agency

Have you been seeing more “Paid Partnership” or “Advertisement” tags lately while scrolling your feed? This is largely in part due to the FTC’s updated endorsement guidelines, which are even more strict than they were mere months ago. As an agency, you should be aware of the new regulations being imposed on the brands and

It’s Unavoidable: What The FTC’s Updated Endorsement Guidelines Mean For Your Agency Read Post »

Ad and Marketing Regulations Agency Management Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law General Influencer Marketing News Social Media Law Speaking and Agency Training Trademark Law

What Agencies Need to Know About Artificial Intelligence

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.

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