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 […]
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
The IP Issues that Every Agency Encounters (Yes, Even Yours!) Read Post »
We’ve heard of every version of this story from marketing agency owners – legal is a “burden” for agencies. And we get it. Discussing issues like contracts, IP ownership and legal risk is probably the least entertaining aspect of running your agency’s business. But you do want to have an agency that’s built for the
The 5 Critical Legal Documents You Need To Run Your Marketing Agency Read Post »
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
Here for You: How Agencies Manage Website Accessibility Issues Read Post »
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
You CAN’T Use That! What to do when a copyright claim happens to you… Read Post »
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
Let’s Be “Exclusive” – How to Manage Client Exclusivity Demands of Your Agency Read Post »
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
Risky Business: What Marketing Agencies Think About Legal Issues Read Post »
Brand Safe: Top Tips to Picking a Protectable Brand Branding is collaborative and multi-dimensional process to create a unique representation of a company, product or service. More than a name or a logo, a brand takes into consideration company culture, vision, values, customer profile and more. While all of that can be a heavy lift
Brand Safe: Top Tips to Picking a Protectable Brand Read Post »
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
The State of “Independents” – How Agencies and Freelancers Keep it Legal Read Post »
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
Finding Your Advantage: What Agency Leaders Can Learn From Our Industry Survey Results Read Post »
