We have partnered with a diverse range of clients, from studios to startups, to craft and execute successful national and regional promotional and marketing campaigns. Our expertise spans the entire process—from strategic planning to drafting agreements and ensuring seamless execution. As the rise of influencer marketing transforms the landscape, we have helped clients navigate the complex world of social media endorsements, an area increasingly scrutinized by the FTC. Leveraging our deep knowledge of both traditional and digital marketing, we have also supported initiatives such as brand collaborations, giveaways, discounts, and gift card promotions. Additionally, we help clients identify potential legal risks, flagging concerns related to intellectual property, data privacy, and other regulatory issues that could arise from their promotional activities.
Advertising & Marketing
Practice Areas
A legal review of marketing materials in film and television ensures that promotional content, such as trailers, posters, and advertisements, complies with copyright, trademark, and other legal regulations. This process also addresses talent-related issues, including the use of name, voice, likeness, and adherence to credit obligations in paid or excluded ads. Additionally, it ensures compliance with guild requirements and MPAA standards. Lawyers play a critical role by identifying potential risks, such as unauthorized use of music, images, or third-party trademarks, and verifying that claims made in the marketing are accurate and not misleading. This thorough review protects the production company from lawsuits, fines, or reputational damage, allowing marketing materials to be safely distributed to the public.
Commercial tie-ins in the entertainment industry refer to partnerships between a production (such as a film, TV show, or video game) and a brand or product. These collaborations are designed to promote both the entertainment project and the partnered brand, often through merchandise, advertisements, or co-branded campaigns. For example, a movie might feature a prominent soft drink brand, which then promotes the movie in its marketing efforts. A lawyer is crucial in executing a commercial tie-in because these agreements are often complex. They involve negotiating contracts, ensuring intellectual property rights are protected, and defining the scope of the partnership, such as how the brand can use the entertainment project's imagery or characters. Legal expertise ensures that both parties' interests are safeguarded and that the partnership complies with marketing and advertising regulations.
Commercial Tie-Ins
Agreements for social media influencers outline the terms and conditions of a partnership between a brand and an influencer. These agreements cover key details such as payment, content expectations, deadlines, usage rights, and compliance with advertising regulations. Having a lawyer negotiate your influencer agreement is crucial to protect your interests, ensure legal compliance, and avoid potential disputes. A lawyer can help clarify vague terms, address intellectual property rights, and ensure the agreement aligns with your business goals, saving you time and costly mistakes in the long run.
Social Media Influencers
Compliance with FTC regulations and COPPA is essential in the entertainment industry, particularly when promoting and advertising content aimed at children. The FTC (Federal Trade Commission) enforces guidelines to ensure advertising is truthful and not deceptive, while COPPA (Children's Online Privacy Protection Act) protects the privacy of children under 13 by regulating how their data is collected and used. Violating these laws can lead to hefty fines and damage to a brand's reputation. Having a lawyer is critical to navigate these complex regulations, ensuring marketing campaigns are legally compliant and safeguarding your business from legal risks.
FTC and COPPA Compliance
In the entertainment industry, contests and sweepstakes are common promotional tools used to engage audiences and build excitement around a brand, show, or event. However, these activities require careful legal oversight to ensure compliance with state and federal laws. Contest and sweepstakes rules, entry forms, abbreviated rules, and prize winner forms are critical documents that outline how the promotion is conducted, the eligibility criteria, and the process for awarding prizes. Having a lawyer involved is essential to avoid potential legal pitfalls, such as misleading terms, regulatory violations, or disputes with participants. A lawyer ensures that all promotional materials are clear, enforceable, and legally compliant, protecting the brand from liability while maintaining a fair experience for participants.
