Advertising

Overview

Selling the Sizzle

When creating marketing strategy for a product or service, there are many factors to consider: customer demographics, visual design and the message you want to convey. But how often do you consider the legal ramifications of your branding and marketing efforts? Brooks Pierce attorneys provide timely counsel to companies on developing strong, clever brands while complying with state and federal regulations.

Brooks Pierce attorneys regularly advise clients on:

  • Digital marketing.  Federal and state laws, as well as “private laws” established by online platforms should be evaluated when developing ad campaigns. Our attorneys have experience with rules, regulations, and policies applicable to social media, television, cable, radio, and text messaging. We also help client navigate issues such as endorsements, contests, sweepstakes, and raffles.
  • Rights-of-use, including digital images, videos and celebrity likeness. We advise clients on their rights to use—or to protect their rights to—certain music, video, or images in advertising messages. We also work with clients on related licensing and intellectual property issues.
  • Data Collection and Privacy Policies. Digital advertising necessarily impacts issues related to data collection and privacy. We advise clients on appropriate disclosures for the online advertising environment.
  • Insurance and Vendor Agreements. Given the legal risks with online marketing and privacy, companies are paying special attention to insurance and indemnification issues. Advertising or marketing service agreements must clearly identify which party is responsible for obtaining clearances for content and for complying with specific state and federal laws regarding advertising disclosures, contests, promotions or industry-specific advertising requirements.  
  • Political advertising. Our team counsels broadcast companies and TV and radio station on the rules surrounding political advertising and related disclosure and reporting requirements.
  • Advertising-related agreements. We also counsel clients on myriad agreements applicable to the advertising industry, including talent agreements, SAG-AFTRA compliance, production agreements, and music licensing.

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