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The Top 10 Ways for Agencies
to Save $$$ on Legal Fees
Presented By:
Sharon Toerek
Licata & Toerek
BOLO 2013 – 3P Session
Have Model Client Contract Language
• Important Terms:
– Rights transfers or assignments: No $, no
transfer!
– Confidentia...
Have a Model Freelancer Agreement
• Important Terms:
– IP Rights Assignments
– Non solicitation and/or non competition
cov...
Use Copyright and Confidentiality
Language in New Business Proposals
• Put as much “ideation” in writing as possible
durin...
Perform Brand TM Screening Early
• The earlier, the cheaper…..
• Domain name availability ≠ TM availability
• New Top Leve...
Have Model Publicity Rights Releases
• Have standardized release Agreements
(include all uses and media) for:
– Models
– P...
Track Asset License Dates & Terms
• Photography license terms of use and
expirations
• Music license terms of use and expi...
Have Model Social Media and
Content Marketing Policies
• Harmonize these with your other Company policies
• Include:
– IP ...
Audit Your Software Licenses Regularly
• Make sure every machine and device has legit
software licenses
• Check this for a...
Review Errors and Omissions Coverage
• Ensure policy limits comply with all client
contracts
• Check to ensure legal defen...
Have Written Employment
Agreements and Policies
• Basic business legal policy; however:
– Make sure IP rights are well add...
Questions?
Contact: Sharon Toerek
Sharon@legalandcreative.com
@SharonToerek
Phone: 216.573.6000
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BOLO 2013: The Top 10 Ways for Agencies to Save $$ on Legal Fees

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From BOLO 2013 3P Track presentation by Sharon Toerek. The 3P Track is exclusively for agency partners, presidents and principals. Attend BOLO 2014 October 19-21, 2014 in Scottsdale: www.boloconference.com

Published in: Marketing
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Transcript of "BOLO 2013: The Top 10 Ways for Agencies to Save $$ on Legal Fees"

  1. 1. The Top 10 Ways for Agencies to Save $$$ on Legal Fees Presented By: Sharon Toerek Licata & Toerek BOLO 2013 – 3P Session
  2. 2. Have Model Client Contract Language • Important Terms: – Rights transfers or assignments: No $, no transfer! – Confidentiality – Restrictive Covenants (competitors, industry)
  3. 3. Have a Model Freelancer Agreement • Important Terms: – IP Rights Assignments – Non solicitation and/or non competition covenants – Client and Agency confidentiality
  4. 4. Use Copyright and Confidentiality Language in New Business Proposals • Put as much “ideation” in writing as possible during the pitch • Use copyright protection language • Use confidentiality language in proposals • Try to resolve the “pitch rights” issue in advance
  5. 5. Perform Brand TM Screening Early • The earlier, the cheaper….. • Domain name availability ≠ TM availability • New Top Level Domain releases create additional TM headaches for brand adopters • Pre-screen before pitching the client on a brand
  6. 6. Have Model Publicity Rights Releases • Have standardized release Agreements (include all uses and media) for: – Models – Property – “Man on the street” footage
  7. 7. Track Asset License Dates & Terms • Photography license terms of use and expirations • Music license terms of use and expirations • Have a special docketing system for these rights and centralize the process
  8. 8. Have Model Social Media and Content Marketing Policies • Harmonize these with your other Company policies • Include: – IP usage and protection policies (both CR and TM) – Disclosure and transparency requirements to satisfy FTC testimonial guidelines – Model policies for your blogger networks to use – Compliance mechanisms for your networks – Centralize social media access
  9. 9. Audit Your Software Licenses Regularly • Make sure every machine and device has legit software licenses • Check this for all devices no less frequently than annually
  10. 10. Review Errors and Omissions Coverage • Ensure policy limits comply with all client contracts • Check to ensure legal defense costs are covered • Determine whether your freelancers need their own E&O policies or are covered by yours
  11. 11. Have Written Employment Agreements and Policies • Basic business legal policy; however: – Make sure IP rights are well addressed – Make sure moonlighting, client confidentiality, and restrictive covenants are addressed – Make sure social media, content marketing, and employment policies are all consistent
  12. 12. Questions? Contact: Sharon Toerek Sharon@legalandcreative.com @SharonToerek Phone: 216.573.6000
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