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Advertising & Marketing Lawyers
Advertising lawyers & marketing lawyers
When it comes to navigating complex advertising laws and marketing laws in Australia, our advertising and marketing lawyers are experts in their field.
Whether it’s advising on the application of advertising and marketing laws, codes and regulations; drafting or negotiating important contracts; advising on copyright law issues, carrying out pre-publication clearances for campaigns; licensing IP assets; engaging talent or handling disputes – we are committed to providing easy to understand, effective, commercial and strategic advice.
Who we work with
We help clients through various industries with their advertising and marketing law requirements, from start-ups to large global franchise brands.
On the agency front, we support agencies practising across a wide range of marketing and advertising disciplines… including traditional advertising, brand strategy, market research, graphic design, copywriting, PR and communications, digital media marketing, information technology and everything in between.
Advertising & marketing legal advice services
We provide legal advice relating to advertising and marketing, such as:
- Pre-publication legal advice and clearances for content such as videos, podcasts, social media tiles and brand campaigns.
- Compliance with advertising and marketing ethical codes of conduct.
- Australian Association of National Advertisers (AANA) Code of Ethics.
- Australian Influencer Marketing Code of Conduct (AiMCO).
- Therapeutic Goods (Therapeutic Goods Advertising Code) Instrument 2021, Schedule 1 (TGA Code).
- Australian Consumer Law.
- Labelling and packaging advice.
- Running promotions, competitions, raffles and lotteries.
- Negotiations between agencies, talent and brands.
- Copyright lawyer and copyright legal advice services including rights, use, protection, infringement and commercialisation.
- Superannuation and tax obligations for talent and influencer engagements.
- Defamation and reputation management advice.
Advertising & marketing industry contract services
We can draft, review and negotiate a range of contracts relating to advertising and marketing, including:
- Client services agreements.
- Employment agreements.
- Contractor agreements.
- Agency agreements.
- Influencer and talent agreements.
- Talent releases.
- Location releases.
- Merchandising agreements.
- Terms and Conditions.
- Privacy policies.
Commercialiation services
We can help you and your clients commercialise your work:
- Brand Checks (recommended during the development of new branding assets for businesses)
- Trade mark registration and protection.
- Copyright protection and commercialisation advice.
- Domain name registration and transfers.
- Sponsorship, endorsements, publicity and merchandising opportunities and agreements.
Advertising & marketing dispute and infringement services
We have experience dealing with infringement and disputes in the advertising and marketing industry, including:
- Drafting and responding to cease and desist letters.
- Alternative dispute resolution.
- Negotiations and mediation.
- Copyright, trade mark and design infringement proceedings and litigation.
- Australian Consumer Law disputes and litigation.
- Defamation and reputation management disputes.
Common problems our advertising & marketing lawyers solve
- Can you review my post/video/podcast/campaign/event proposal for legal issues?
- Who owns the IP in work I create for clients?
- I’m starting a creative agency, what contracts do I need?
- I want to run a competition on Instagram, what terms and conditions do I need to include?
- Who is responsible for paying super to talent and influencers?
- What is the TGA Code… and what are “therapeutic goods”?
- What disclaimers do I need to include when creating advertisements for therapeutic goods?
- I run a marketing agency, should I hire staff as employees or contractors?
- Can I refer to another business in my business’ advertising campaign?
