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

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. As this situation continues

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Ad and Marketing Regulations Content Marketing Law Copyright Law Influencer Marketing

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.

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

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.

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Agency-Client Relationships Copyright Law Trademark Law

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

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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-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law

Content Marketing Deconstructed: Legal Considerations For Agencies at Every Stage of the Process

When a person, brand, or organization creates its own platform to share and influence, a content marketing initiative is born. This practice has been going on long before digital capabilities made it as accessible and mainstream as it is today. It’s also these digital aspects that make it all that more complex for the modern

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Planning Legal Marketing
Ad and Marketing Regulations Agency-Client Relationships Agency-Freelancer Relationships Content Marketing Law Copyright Law Influencer Marketing Trademark Law

Where to Spend Your Agency’s Legal Focus and Dollars in 2019

The new year is well underway and with it the pressure of planning and prioritizing your agency’s needs for beyond Q1. Last year I shared the importance of a legal audit as your fundamental starting block. This year the same rings true and I’ve added a few additions to the mix, which are both timely and

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

When Things Fall Down: Your Agency’s “Fast Action” Plan for Common Marketing Legal Emergencies

When legal issues confront your agency it feels personal. It hits home. It puts your people, your work and your reputation in the balance. This is the world I live in with my agency clients and it’s more common than you might think. Even if a legal emergency (definition: something’s gone bad, and you need to

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Agency-Client Relationships Agency-Freelancer Relationships Copyright Law General Trademark Law

Agency Marketing Strategies That Help Clients Win and Keep Lawyers Happy

Whether on behalf of the clients you serve, or your own agency efforts, the more sophisticated marketing strategies become, the more legal risks you’ll face in your agency. After providing legal counsel to marketing agencies for 15 years, I’ve seen lots of examples of marketing campaigns “unraveled” in all areas or at all stages of

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