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Influencer Marketing

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 give the freelancer a 1099 which means the freelancer is automatically…

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 platform today, and that may…

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 collection of consumer data, and several more states…

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 talent you work with. This article will give you the basic…

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. You don’t own copyright in anything the AI produces – in…

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. First, whenever you decide on a brand scheme without consulting a lawyer, we hope that you w…

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.

Copyright law is complicated, but TikTok is a necessity.

What Agencies Need to Know About the FTC’s Proposed Changes to the Endorsement Guidelines

The law is typically slow to catch up with business practices, so it’s no surprise the FTC is just now proposing changes to its endorsement and testimonial guidelines for marketers thirteen years after its 2009 amendments (the iPhone 3 era, to be exact).

There’s a lot to digest in the proposed changes, but we are going to give you the highlights so that you can be prepared when…

Marketing with Influence – Be Ready to Negotiate These Points in Your Next Influencer Deal

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 posts in exchang…

Their Questions, Your Answers: Making Your Case For Marketing Compliance Collaboration in 2020

Marketing and Data Compliance

Whether you’re an agency leader or a corporate marketer, you’ve probably not been able to avoid the conversations about, the timelines, and the ever changing environment of marketing compliance and regulation.
By choice or need, you may have already taken clear action and are prepared for what’s ahead.
Unfortunately your efforts won’t go far if not institutionalized within the brand.

Contact

Sharon Toerek
Toerek Law
737 Bolivar Road, Suite 110
Cleveland, Ohio
44115
Call Me: 800.572.1155
Email: sharon@legalandcreative.com

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