The Legal + Creative Blog

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

Ad and Marketing Regulations Agency-Client Relationships

Here for You: How Agencies Manage Website Accessibility Issues

If your agency provides website development or maintenance services to clients, you may be wondering whether your agency is responsible for ensuring the websites it creates meet the Americans with Disabilities Act (ADA) accessibility requirements.  Or you want to know how to minimize this responsibility. You’re not alone. Demand letters and lawsuits, claiming website accessibility […]

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Copyright Law Trademark Law

You CAN’T Use That! What to do when a copyright claim happens to you…

All agencies are in the content creation business. Whether your agency focuses on marketing, advertising, communications, media, digital – or ALL OF IT – the primary way you deliver your benefit is with the creation of some kind of content. Copy, design, software, strategy, research results – all content. Wherever there’s content, there’s almost always

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Agency Management Agency-Client Relationships

Let’s Be “Exclusive” – How to Manage Client Exclusivity Demands of Your Agency

You’ve heard a million stories by now about the benefits of specialization in your agency – whether it’s an industry vertical, a particular tech competency, or a practice focus (like influence marketing, for example). For the record, I’m a believer in the power of niching your agency. But I’ll admit it comes with some potential

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Ad and Marketing Regulations Agency Management

Risky Business: What Marketing Agencies Think About Legal Issues

  We wanted to know more about how marketing agencies view legal issues, and how they handle them – so we asked them! In this post, I’ll provide an overview of the research results Toerek Law commissioned to reveal how agency leaders think about “legal”. We learned a lot about the challenges agencies face and

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Agency Management Agency-Freelancer Relationships

The State of “Independents” – How Agencies and Freelancers Keep it Legal

Freelancers have always been an important part of the marketing agency environment. The reasons for this fact have changed depending on the industry culture and the economy at any given time – sometimes the best creatives choose the personal autonomy of establishing their own freelance brand, in other cases a booming economy and the battle

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Agency Management

Finding Your Advantage: What Agency Leaders Can Learn From Our Industry Survey Results

In December 2019, in partnership with Audience Audit Inc.,Toerek Law launched a survey to gain insight into the attitudes and motivations of marketing agency decision-makers with respect to legal services. While we couldn’t have predicted what was to come in the months to follow, I am grateful that 224 of you answered the call when

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Agency Management

Leveraging What You’ve Learned: Assessing Your Agency’s Intellectual Property in 2020

Whether you’re planning your physical return, figuring out your long-term remote work setup, or somewhere in between, there’s no question that the first two quarters of 2020 have changed the relationships with your agency and clients. From ingenuity driven from the new and urgent needs of your clients, to new efficiencies gained in the process

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Agency Management Agency-Freelancer Relationships

Your Agency, On Remote Control. . .

In my last post, Protecting Your Agency Work Model – Today and Tomorrow I dug into the evolving landscape of modern agency organization, including outsourced, virtual, strategic alliance and collective models. Overnight, the global pandemic has turned the agency work model on its head, with even the most of traditional of agencies deploying a remote

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Agency Management Agency-Freelancer Relationships General

Protecting Your Agency Work Model – Today and Tomorrow

Successful agencies today put clients in the center of their ecosystem. This has bred a variety of agency business models designed to deliver the results clients demand, while running a profitable agency business. The following outlines the types of agency work models in practice today; both shared and specific legal issues that each model faces;

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