Schroder Brooks Law Firm, PLC
CREATIVE LAWYERS FOR THE CREATIVE COMMUNITY

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Advertising, Marketing & Promotions Law

Agency/Client Relationship

Advertising often involves collaboration between an agency and an advertiser or client. One of the most important aspects of the agency-client relationship is the agency-client contract. No two deals are the same and there is no uniformity in the roles that each party plays. An agency’s responsibilities will differ depending on many factors so it’s imperative that each party’s expectations are in writing. We help clients avoid costly misunderstandings such as assignment of intellectual property rights and usage, liability of the parties, and payment terms by drafting agreements to protect your interests and maintain the unique collaboration between the parties.


Influencers and Endorsers

The Federal Trade Commission (“FTC”) continually monitors the use of influencers and endorsements in advertising. We recognize that brands use influencers and endorsers because they are effective tools in many marketing and advertising programs, however, such use can expose each party in the transaction to legal risk. We draft influencer agreements and work with brands and inflencers alike to address the specific legal issues such as placement of dislosures, required disclaimers and other FTC requirements.


Advertising

Our clients often have to engage third parties to create and implement a marketing or advertising campaign. We work with clients on a range of advertising and marketing agreements including: sponsorship and event marketing, commercial production, music/photo/illustrator and other licensing, talent, media purchase, web development/digital media/interactive technology and sponsorship agreements. We analyze advertising and marketing plans to ensure compliance not only with FTC regulations but with intellectual property, rights of publicity, and other areas of law that will affect your campaign. We also help clients develop internal content review procedures and standards and perform advertising and marketing compliance audits.


Section 5 of the FTC Act prohibits false or deceptive advertising but that’s just one of over seventy laws that the FTC regulates. The FTC also enforces the CAN-SPAM Act, ROSCA (Restore Online Shopper Confidence Act), COPPA (Children’s Online Privacy Protection Act), and the CRFA (Consumer Review Fairness Act). Many of these laws speak directly to not only pure advertising, but best practices specific industries with additional regulation such as food or health supplements.

Regulatory Compliance


Sweepstakes, contests, games of chance and other promotions are effective ways to gain visibility and attract customers. However, the checklist for running a legal promotion is long and can be complicated. State and federal laws apply as do the terms of use on online platforms on which the promotion will run. There are many other factors to consider such as drafting official rules, preparing filings, advertising your promotion, using user generated content, registration and bonding in appropriate jurisdictions, eligibility, liability and publicity releases, and prize fulfillment. Let us help you design and implement a legal promotion.

Sweepstakes, Games, and Promotions