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

1. The Top 10 Ways for Agencies
to Save $$$ on Legal Fees
Presented By:
Sharon Toerek
Licata & Toerek
BOLO 2013 – 3P Session

2. Have Model Client Contract Language
• Important Terms:
– Rights transfers or assignments: No $, no
transfer!
– Confidentiality
– Restrictive Covenants (competitors, industry)

3. Have a Model Freelancer Agreement
• Important Terms:
– IP Rights Assignments
– Non solicitation and/or non competition
covenants
– Client and Agency confidentiality

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. 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. Have Model Publicity Rights Releases
• Have standardized release Agreements
(include all uses and media) for:
– Models
– Property
– “Man on the street” footage

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. 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. 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. 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. 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. Questions?
Contact: Sharon Toerek
Sharon@legalandcreative.com
@SharonToerek
Phone: 216.573.6000