Magazine article Marketing

Advertisers/agencies Learn to Trust the Law

Magazine article Marketing

Advertisers/agencies Learn to Trust the Law

Article excerpt

The success of the relationship between any advertiser and its agency depends to a large extent on trust and confidence between the parties. However, this does not mean that a legal agreement has no importance.

Standard "good housekeeping" points to be covered in the contract include: What services will the agency provide, where and for how long? What remuneration will the agency receive? How much notice must each side give to bring the relationship to an end?

Key areas sometimes neglected include:


The advertiser may assume, wrongly, that copyright in materials produced for him will belong to him. In fact, it will normally belong to the agency or to any freelance professionals used. Advertisers will want a copyright assignment in the agency contract. For maximum protection and freedom to use materials produced, this should be a worldwide copyright assignment, for all purposes and for the full term of the copyrights.

Where the agency uses freelance professionals to produce work for the client, the freelance will retain the copyright unless he assigns it in writing to the advertiser or agency. …

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