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BOLO 2013: The Top 10 Ways for Agencies to Save $$ on Legal Fees
- 1. The Top 10 Ways for Agencies to Save $$$ 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