As AI continues to evolve and become integral across industries, including in the marketing and digital advertising space, it is important to not only address the use of AI in your Master Services Agreement (MSA) or other services contract with your clients, vendors, and employees, but to also understand the terms and conditions of the AI platforms you use. These terms and conditions play a…
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Social Media Law
The AI-Ready Agency: 5 Steps to Reducing Your Agency’s AI Risks Right Now
Our Firm is talking with agency leaders daily about the impact of AI on their businesses.
A lot of that conversation about implementation or integration of AI into your agency’s work right now is focused in two areas – opportunity and risk.
Your agency has likely spent a lot of time consuming information about the business opportunities that AI can create for its business…
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…
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…
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 act ASAP) happens infrequently in your work as an agency leader, when it…
Marketing Under the Influence: Understanding the Legal Implications
Marketers may have been uncertain about the regulatory environment at the beginning of a new administration in Washington; but it’s become clear that the FTC remains actively focused on issues of transparency and disclosure in influence marketing tactics.
I know firsthand from my work with marketing agencies that nobody wins when “legal” puts the halt to a brilliant campaign or creativ…