Agency-Client Relationships Agency-Freelancer Relationships Copyright Law
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Sharon Toerek
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It was the third or fourth call I received, from different Agency clients in the space of a few weeks, with questions about how to handle display rights for creative work.
“Our freelance designer is displaying our Client’s work on her personal website! We didn’t give her permission to do it, and neither did our Client. And, she doesn’t even mention the Agency.”
Other…
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Agency-Client Relationships Copyright Law Uncategorized
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Sharon Toerek
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I spend a lot of time reading, thinking and writing about how marketing agencies can capitalize on their intellectual property. I suppose it’s natural for an IP lawyer to get “preachy” about the importance of protecting intellectual capital, for clients in any industry. But I’ve always felt it was even more critical for creative businesses. After all, intellectual capital is…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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This is Part 3 of a series on turning Marketing Agency IP assets into Money. In previous posts here and here, I discussed discovery of the Agency’s proprietary intellectual capital so that the Agency has a sense of its assets and how to evaluate their potential for additional Agency revenue.
In Part 2 of this series, I discussed methods to legally secure the Agency’s…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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In previous posts here and here, I reviewed methods for discovery and auditing your marketing agency’s intellectual property, with a view toward capitalizing on those assets to enhance the Agency’s value or create additional revenue streams. In Part 1 of this series, I also posed some questions the Agency can ask to help prioritize its intellectual property assets, so that it can…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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In my last post, I discussed the places where ad and marketing agencies might find their intellectual capital, some of which might be converted into additional revenue streams, higher professional fees, or enhanced value to a potential purchaser of the Agency.
Once the Agency has decided to evaluate its intellectual capital, it needs an easy system, or roadmap, to identifying t…
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Copyright Law Trademark Law Uncategorized
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Sharon Toerek
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Marketing and ad agency leaders are frequently surprised when I tell them that they are probably sitting on a large pile of intellectual property, a lot of it underutilized and most of it unprotected.
Agencies are typically so focused on the ideation and creativity they employ for their clients that they rarely take a breather to think about their own intellectual capital. Or,…
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Agency-Client Relationships Copyright Law Trademark Law
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Sharon Toerek
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You’re sailing along on what feels like a perfectly normal Tuesday at the Agency when you get the dreaded call or email that reports one of the following scenarios:
– That prospect? The one you pitched but didn’t convert? They’ve got a brand new campaign and it looks just like Concept #2 from your pitch book.
– Another Agency’s redesigned website looks oddly familiar.
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Ad and Marketing Regulations Content Marketing Law Copyright Law
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Sharon Toerek
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Content marketing is a rich and diverse medium used by marketers for many purposes – brand development, customer education, thought leadership, lead nurturing, and community building among them.
The legal issues created by content marketing are just as diverse and plentiful as the actual strategies. More importantly, the stakes of making a legal error as you execute your…
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Agency-Client Relationships Copyright Law
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Sharon Toerek
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As discussed in our last post about nondisclosure agreements, when developing a new client-Agency relationship, there are several distinct advantages to having an NDA (nondisclosure agreement) before starting with a new client. That is, IF you can get your prospective client to sign one.
But what if your Creative Agency has decided to pursue a new business opportunity without a…
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Ad and Marketing Regulations Agency-Client Relationships Agency-Freelancer Relationships Copyright Law
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Sharon Toerek
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I’ve been fortunate to be invited to contribute guest legal content recently on several blogs and news outlets important to the ad and marketing communities. To share that information with you, and as a big thank you to my “hosts,” here they are:
For The Agency Post, an interactive publication for ad and marketing professionals (www.theagencypost.com), I drafted a column about current…
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