The Top 10 Ways for Agenciesto Save $$$ on Legal Fees

Presented By:Sharon ToerekLicata & Toerek

BOLO 2013 – 3P Session

Have Model Client Contract Language

• Important Terms:– Rights transfers or assignments: No $, no

transfer!– Confidentiality– Restrictive Covenants (competitors, industry)

Have a Model Freelancer Agreement

• Important Terms:– IP Rights Assignments– Non solicitation and/or non competition

covenants– Client and Agency confidentiality

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

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

Have Model Publicity Rights Releases

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

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

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

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

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

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

Questions?

Contact: Sharon Toerek

Sharon@legalandcreative.com

@SharonToerekPhone:

216.573.6000