The law as it applies to marketing is a vast, and complex subject, because marketing can take many forms, including digital, and involves a wide range of considerations. In particular:
- The content of marketing materials can be subject to copyright, design, trademark and other protections. Text, video, photographs and audio are protected by copyright and you may not own the content or have an appropriate license to use it.
- If you are developing a brand, there is a risk that your branding might infringe someone else’s intellectual property.
- Marketing material also be subject to regulation regarding defamatory or offensive content.
- Advertising regulation requires advertisers to avoid misleading customers and imposes various other rules.
Agreements relevant to marketing
A whole host of commercial contracts are relevant to marketing, in particular:
Intellectual property forms a key element of many of these agreements, but other factors are also involved. For example, a marketing agency could cause its client to be sued for defamation if a promotion it runs shows a competitor in a bad light.
To understand the legal implications of promotional material, including Google adwords, before launching a campaign is key.
How can we help?
We work with marketing agencies, and run regular briefing sessions for marketers and other professionals who create intellectual property for their clients. As such we are well placed to help our clients to review agreements relating to marketing and campaigns.