Advertising Clearance

In the advertising industry, advertising agents are ‘gatekeepers’ who have a responsibility to consider whether advertising material provided by them for their clients complies with consumer protection legislation” – ACCC v Nissan Motor Co (1998). A legal review or clearance of proposed advertising or communications means advertisers and their agencies can ensure all elements of a proposed project are legally compliant. Our advertising clearance service is fast and cost-effective. We turn over a huge amount on a day-to-day basis, and are used to meeting tight online, press and TV/radio deadlines.

Our advertising clearance services include advising on:

  • All forms of product labeling, packaging and distribution;
  • Particular products that attract high legal risk;
  • Personality endorsement and testimonials;
  • Required information and safety standards;
  • Assistance with development and implementation of trade practices compliance programs, for both agencies and advertisers;
  • Dealing with the Australian Competition & Consumer Commission (ACCC) and State Fair Trading Departments;
  • Defamation and slander;
  • All forms of product placement;
  • All forms of advertising prior to publication including magazine, television, newspaper, radio, outdoor, cinema, Internet, mobile communications (including premium SMS scripts), social media and other specialised and new media;
  • The offering of commercial and practical alternatives to advertising that may otherwise overstep legally acceptable boundaries;
  • The provision of commercially realistic clearance advice – achieving a balance between an advertiser’s requirements, the ad agencies creativity and applicable laws and industry codes of practice; and
  • Trade practices compliance.

Agency – Client Commercial & Legal Relationships

The exact commercial and legal relationship between agencies and their clients is often an area of uncertainty, which goes undetected until an issue occurs between them. Typically, these issues include payment for third party expenses or additional services, or the existence of a contractual relationship at all. Without legal advice, these could lead to an outcome that is embarrassing and costly for the agency, their client and the brand. With this in mind, it’s important that agencies and their clients ensure that there is a written agreement governing their professional relationship, and dealing with the commercial and legal issues likely to arise between them.

Over the years we have prepared and negotiated highly detailed and simple agreements for brand, advertising, media and promotional agencies. Our experience in this area extends to agreements between some of the industry’s most recognised agencies and their iconic Australian and international company clients.

Our Agency – Client services include:

  • Advice in respect of all facets of the relationship including industry approaches and practices;
  • Agreement preparation, review and negotiation including third party supplier, talent and confidentiality agreements;
  • Advice on topical issues such as the ownership of intellectual property in ad campaigns and the protection of intellectual property in pitch material; and
  • Relationship counselling – assisting our clients at the start of, during and at the conclusion of an agency-client relationship.

Augmented Reality & Virtuality

Many of you are exploring experimental ways to interact and engage with consumers, navigating further outside the realms of traditional media, and pushing the boundaries of social media.

Our experience with augmented reality and virtual applications has demonstrated that experimental technologies are not always legally regulated, and exist to a large degree in a legal twilight zone. Therefore, a collaborative approach between agency and client is required to identify the risks and rewards that may result from an experiential campaign.

Our augmented reality and virtuality advisory service assists agencies in feeling confident to experiment with these new technologies, by providing a campaign-specific legal and commercial risk assessment that:

  • Tests the legality of the marketing communication through our Advertising Clearance services;
  • Identifies ‘unexpected’ areas of legal regulation or risk;
  • Assists in the development of a PR/legal strategy;
  • Considers who may complain following execution of the campaign;
  • Assesses the prevailing environment e.g. community attitudes and political agendas, that may impact upon the campaign; and
  • Analyses the consequences of the campaign, to allow both the agency and the client to measure the ROI against the identified legal and commercial risks.

Brand Investigation & Protection

You create the brand, we protect it.

We have extensive experience in assisting clients with brand and company name investigation, selection and protection. We understand the importance of properly investigating the availability of a name, wordmark, brandmark or tagline before a client invests time and money in developing their brand identity.

Our due diligence service deals with all legal aspects of brand investigation, including:

  • Copyright;
  • Trade marks;
  • Domain names;
  • Business names;
  • Company names;
  • Trade practices;
  • Passing off; and
  • Confidentiality.

We also provide a sophisticated brand management service which assists our clients in identifying their intellectual property and intangible assets, obtaining maximum protection of them and optimising their use and coverage.

von Muenster Solicitors & Attorneys also undertake proactive brand investigations and routine audits, to detect intellectual property misuse and take immediate legal protection steps. This includes brand policing, and monitoring social media for the detection and prevention of brand assumption or account hijacking by third parties.

Commercial Advisory Services

At von Muenster Solicitors & Attorneys, we provide cost-effective, commercially oriented services across a range of commercial and corporate issues facing your business. We understand the legal and commercial environment in which Australian businesses operate and we specialise in providing advice to these industries – advertising, marketing, media, entertainment, promotions and technology. Our service offering includes sports and information technology, and also general commercial legal services.

Our commercial advisory services include:

  • Acquisitions and sales;
  • Australian financial services;
  • Commercial agreements;
  • Competition issues;
  • Corporate governance;
  • Corporations Act 2001 and ASX Listing Rule compliance;
  • Deal making;
  • Employee share and option schemes;
  • Fundraising;
  • Lending arrangements and securities;
  • Mergers, acquisitions and joint ventures;
  • Partnership agreements;
  • Personality endorsement;
  • Restructures;
  • Shareholders’ agreements;
  • Strategic corporate and commercial advice; and
  • Venture capital and private equity.

Compliance Programs

We specialise in creating bespoke compliance programs to assist our clients and their teams in identifying and meeting their legal and commercial obligations, whether in law, standards, codes or from stakeholder expectations. Our compliance programs aim to build an understanding of the relevant laws, regulations, determinations, standards and industry codes that might apply to our clients’ campaigns or projects. With a broader awareness of the legal issues, our clients and their teams are better equipped to identify and assess risks from the outset, tackle any obstacles and take measures to prevent any legal infringements.

Our compliance programs include development and implementation of compliance manuals, checklists and training and development workshops.

Contractor & Employee Relationships

At von Muenster Solicitors & Attorneys, we negotiate flexible industrial arrangements and introduce best practice employment policies. We have technical expertise in employment and industrial law including discrimination and trade practices. We place an emphasis on preventative measures and dispute resolution, rather than litigation.

Our contractor and employee services include:

  • Anti-discrimination and equal employment opportunity;
  • Employees or independent contractor determination, and which legal instruments apply to their employment;
  • Dispute resolution and litigation;
  • Employee restraints and non-competition following termination;
  • Employee share and option schemes;
  • Employment termination and redundancy;
  • Executive employment and incentive schemes;
  • Independent contractor and employee agreements and audits; and
  • Industrial relations.

Defamation & Slander

We act for both publishers of allegedly defamatory material, as well as individuals or businesses seeking redress for damage to their reputation. We also provide pre-publication advice and clearance regarding sensitive material. Digital media is increasing the likelihood of a digital marketing campaign spreading quickly, thereby increasing the risk of defamatory material being published to many people and across many channels including blog sites, internet bulletin boards or social media sites – particularly if a campaign goes viral.

We provide campaign-specific legal and commercial risk assessment to identify potential third party liability for defamatory material posted by consumers on a client’s blog or social media site.

Our defamation services include:

  • Defamation advice and litigation;
  • Alternative dispute resolution;
  • Pre-publication advice and clearance; and
  • Campaign-specific legal and commercial risk assessment.

Digital & Interactive Media

The ever-present multi-channel nature of digital media offers enormous opportunities. There is a vast array of digital channel options to reach and interact with consumers. With this increased opportunity comes the potential for a significant increase in the legal and commercial risks arising from each digital campaign. Digital channels are regulated by an ever-increasing number of laws, regulations, standards and codes, and many of these will apply to a given campaign. We are able to advise you across the spectrum of legal and regulatory issues that arise in digital, from dealing with regulator complaints and allegations to customer relationship management.

Our digital media services include:

  • Domain name registrations, dealings and disputes;
  • Digital related commercial relationships and contracts;
  • Publisher agreements;
  • Insertion orders and internet advertising terms;
  • Internet advertising content review and clearance;
  • Publisher content standards;
  • Privacy advice around use of customer databases;
  • Spam Act advice and compliance;
  • Viral campaign advice;
  • Consumer protection law advice and compliance;
  • Use of advertising properties and portfolios;
  • Internet campaign solutions services;
  • Internet and eMarketing industry guidelines and codes;
  • Regulation of Internet content;
  • Regulation of mobile chat services;
  • Advising in respect of mobile premium services monitoring organisations;
  • Dealing with regulators including ACMA and the ACCC;
  • eCommerce terms of trade; and
  • Website privacy policies and terms of use.

Dispute Resolution & Litigation

It is simply part of doing business to, at some time, be involved in a dispute. However, to minimise the impact of a dispute on your business, prevent staff distraction or to reduce any negative impact on your brand, it is crucial that steps towards resolution are taken quickly and decisively.

Our approach is to listen carefully to you, to understand your aims and concerns and then give a thorough and clear assessment of your position, the various options available and a recommendation on how best to achieve a timely, commercial and cost-effective solution.

If litigation is the preferred option, we manoeuvre rapidly and strike swiftly whilst at all times leaving the door open for settlement.

Our dispute resolution and litigation services include:

  • Contractual disputes;
  • Corporate and shareholders’ disputes;
  • Corporate regulation;
  • Defamation;
  • Events;
  • Insolvency;
  • Intellectual property litigation;
  • PR disputes;
  • Professional negligence and insurance;
  • Property disputes;
  • Technology disputes; and
  • Trade practices litigation.

Entertainment Industry & Law

The commercial and legal issues facing individuals and businesses involved in the entertainment industry are extensive.

von Muenster Solicitors & Attorneys provide practical and cost-effective commercial and legal services to individuals and businesses in film, television, music, radio, Internet and mobile entertainment industries.

Our clients include artists, bands, producers, promoters, publishers, film directors, personalities, talent agencies, performance writers, authors and illustrators, bloggers, exhibitors, financiers, underwriters and merchandisers.

We are recognised for our ability to achieve your strategic and commercial objectives. We work on every size of project, from the smallest talent release to the production legals for a big budget feature film. With our experience in all aspects of the industry, we provide you with advice and services that ensure your interests are protected and decisions informed.

Our entertainment industry and law services include:

  • Advertising clearance;
  • Advising and negotiating industry specific agreements;
  • Advising on Industry Codes of Practice;
  • Book and magazine publishing;
  • Brand investigation, exploitation and protection;
  • Commercial advisory services;
  • Deal making;
  • Dispute resolution and litigation;
  • Endorsement/Ambassador Agreements;
  • Film and TV: agreements for production, distribution, licensing, broadcast, financing, co-productions, cast and crew, merchandising, joint ventures and personality endorsement;
  • Government incentive advice and assistance;
  • Intellectual property and confidential information;
  • Licensing, merchandising and product placement agreements;
  • Media and broadcasting regulation;
  • Music: agreements for live appearances, recording, music publishing, synchronisation agreements, management, merchandising, naming and sponsorship, licensing, distribution and business structures;
  • Radio agreements for broadcast, management, licensing and business structures;
  • Sponsorship agreements; and
  • Talent and property releases.

Experimental

It is often difficult to predict which laws may apply to experiential campaigns, and which risks a brand may face.  In our view, a collaborative approach between agency and advertiser is required to identify the risks and rewards.

With outdoor and experiential tools allowing consumers to interact with brands in new and involving ways, we offer advice on creative sampling, consumer promotions, stunts, flash mobs, exhibitions, displays and special events.

There have been numerous instances where experiential campaigns have resulted in adverse brand publicity and surprise legal proceedings from, for example, local government departments.

The von Muenster Solicitors & Attorneys advisory service assists agencies and advertisers who move beyond traditional media into the sometimes unknown and risky realm of experiential, by providing a campaign-specific legal and commercial risk assessment that:

  • Tests the legality of the campaign and communications through our Advertising Clearance services;
  • Identifies ‘unexpected’ areas of legal regulation or risk;
  • Assists in the development of a PR/legal strategy;
  • Considers who may complain following execution of the campaign – consumers, competitors or authorities;
  • Assesses the prevailing environment e.g. community attitudes and political agendas, that may have an impact upon the campaign; and
  • Analyses the consequences of the campaign to enable agency and client to measure reward against the identified legal and commercial risks.

Industry Codes of Practice & Self-Regulation

There are ever-increasing and complex regimes of Federal and State legislations and general law impacting upon the business activities of the advertising, marketing, media, entertainment, promotions and technology industries. Alongside these, there exist numerous and often overlapping industry codes of practice and regimes of industry self-regulation.

These codes of practice and regimes of industry self-regulation may have the force of law or may apply by virtue of membership of your professional body or simply on a voluntary basis. For example, the advertising industry has a system of self-regulation, which commenced operation on 1 January 1998 and is managed by the Australian Advertising Standards Bureau.

Our industry codes of practice and self-regulation advisory services include legal and commercial advice in respect of:

  • Advertising Standards Board – complaints from the public;
  • Alcoholic Beverages Advertising Code;
  • Australian Association of National Advertisers Code for Advertising to Children;
  • Australian Association of National Advertisers Code of Ethics;
  • Australian Competition and Consumer Commission Film Exhibition and Distribution Code;
  • Australian Communications and Media Authority Children’s Television Standards;
  • Australian Communications and Media Authority Commercial Television Industry Code of Practice;
  • Australian Direct Marketing Association Direct Marketing Code of Practice;
  • Australian Direct Marketing Association Mobile Marketing Code of Practice;
  • Australian Marketing Institute Code of Professional Conduct;
  • Australian eMarketing Code of Practice;
  • Australian Entertainment Industry Association codes and guidelines;
  • Australian Interactive Media Industry Association Code of Conduct;
  • Australian Press Council Statement of Principles;
  • Australian Record Industry Association and Australian Music Retailers’ Association, Recorded Music Labeling Code of Practice;
  • Australian Subscription Television and Radio Association Codes of Practice;
  • Commercial Radio Codes of Practice;
  • Environmental Claims in Advertising and Marketing Code;
  • National Consumer Credit Protection Regulations;
  • Code of Practice for Ticketing of Live Entertainment Events;
  • Federal Chamber of Automotive Industries Voluntary Code of Practice for Motor Vehicle Advertising;
  • Food Standards Code;
  • International Chamber of Commerce International Code of Environmental Advertising;
  • International Chamber of Commerce Framework for Responsible Food and Beverage Communications;
  • Internet Industry Association Codes of Practice;
  • Media Alliance Code of Ethics;
  • National Association for the Visual Arts Code of Practice for Australian Commercial Galleries and the Artists they Represent;
  • New Zealand Advertising Codes;
  • Office of Film and Literature Classification – National Classification Code;
  • Outdoor Media Association Code of Ethics and Design/Copy Guidelines;
  • Public Relations Institute of Australia Code of Ethics;
  • Screen Producers Association of Australia and the Australian Screen Directors, Association Code of Practice for Live Action Scripted Series;
  • Telephone Information Services Standards Council Code of Practice;
  • Australian Pharmaceutical Manufacturers’ Association Code of Conduct;
  • Therapeutic Goods Advertising Code; and
  • Weight Management Council Weight Management Code of Practice.

Industry-Specific Agreements & Awards

Often, businesses and individuals in the advertising, marketing, media, entertainment, promotions or technology industries enter into personal service type agreements with each other. In these cases, it is possible that an industry-specific contract should be used to govern their relationship or that a new Modern Award will apply.

Alongside this, there are special rules applying to children engaged as talent for commercial purposes.

Modern Awards have the force of law, and industry-specific contracts may apply by virtue of membership of your professional body or simply on a voluntary basis. We advise both businesses and individuals on all aspects of any applicable industry-specific contract or Modern Award.

Our industry-specific agreements and awards advisory services include legal and commercial advice in respect of:

  • Advertising Industry – Engaging Talent: Actors Etc (Television) Award, providing basic conditions for actors, performers and extras working on TV commercials and documentary, corporate and training films;
  • Advertising Industry – Engaging Talent: Standard Contract for Advertising Performances in Visual (on camera) Commercials;
  • Advertising, Media and Marketing Industry applicable Modern Awards;
  • Australian Guild of Screen Composers: agreements and standard contracts;
  • Australian Screen Directors Association: agreements and standard contracts;
  • Australian Writers Guild: agreements and standard contracts;
  • Cinema workers and ticketing agency awards;
  • Film and TV technicians awards;
  • Media workers awards;
  • Media, Entertainment and Arts Alliance: agreements, standard contracts and rates;
  • Talent/Property Releases;
  • The Australian Society of Authors: agreements and standard contracts; and
  • Theatre workers awards.

Intellectual Property & Confidential Information

Intellectual property and other intangible assets are some of your most valuable assets. Despite this, many businesses have not taken the necessary steps to protect their intellectual property, which can and does result in adverse exploitation by competitors.

At von Muenster Solicitors & Attorneys, we assist you with intellectual property identification and registration of ownership. We also work with you to manage the day-to-day commercial use of your existing intellectual property such as trademarks, brands, copyright works and patents, including use in advertising, competitions, sponsorships and events.

We assist with all commercial aspects of intellectual property exploitation, including negotiations, licensing and dealings.

We also undertake pro-active investigations and routine audits in order to detect intellectual property misuse and take immediate legal protection steps.

We have successfully acted for clients in litigation proceedings relating to infringement of patents, trademarks, copyright and designs rights, breaches of confidence and information technology rights.

Our intellectual property and confidential information services include legal and commercial advice in respect of:

  • Advertising and packaging: protection of packaging, labelling and get-up;
  • Brand investigation, exploitation and protection;
  • Business and corporate names;
  • Confidential information and trade secrets: protection of ideas, concepts, formats and brands through confidentiality;
  • Copyright collecting societies;
  • Copyright: computer software, film, television, music, book publishing, licensing and exploitation;
  • Digital rights management and dealing;
  • Dispute resolution and litigation;
  • Emerging media;
  • Domain names: registration, exploitation, disputes and cyber squatting;
  • Protection of commercial rights through the Competition and Consumer Act 2010 (Cth) and/or the common law action for passing off; and
  • Trade marks: registration advice and management, licensing, oppositions, infringement and exploitation.

IT, Internet & eCommerce

We provide specialist, cost-effective and commercially relevant advice in IT, online and eCommerce related law in Australia.

We understand traditional and evolving technologies and their interaction, industry trends and market expectations. We act for those that utilise the Internet as media – online and mobile marketers, software developers, software implementers and distributors, IT professionals and users of IT systems.

Our IT, Internet and eCommerce services include legal and commercial advice in respect of:

  • Advertising clearance;
  • Augmented reality and virtuality;
  • Brand investigation, exploitation and protection;
  • Click wrap agreements and online contracting;
  • Commercial advisory services;
  • Commercial agreements: IT, technology, facilities management, ASP’s and business process outsourcing;
  • Content ownership, protection and deals;
  • Content regulation and censorship;
  • Digital and interactive media;
  • Dispute resolution and litigation;
  • E-business procurement and implementation agreements;
  • Industry codes of practice and self-regulation;
  • Intellectual property and confidential information;
  • Internet and domain names: Registration, exploitation, disputes and cyber squatting;
  • Mobile media;
  • Online gaming;
  • Online publishing and online content supply agreements;
  • Privacy and spam;
  • Social media and user-generated content;
  • Software development and licensing;
  • System supply and integration;
  • Website development agreements;
  • Website security; and
  • Website terms and conditions of use, disclaimers and privacy statements.

Land & Property Services

It is simply part of doing business to, at some point, require a commercial address from which to interact with clients or customers. We provide a range of property related legal services in the advertising, marketing, media, entertainment, promotions and technology industries. The von Muenster Solicitors & Attorneys service offering also includes clients in the sports and information technology industries.

Our land and property services include legal and commercial advice in:

  • Commercial and retail leasing and licensing; and
  • Commercial property dispute resolution.

Lotteries & Gaming including Trade & Consumer Promotions

Competitions, give-aways and lotteries are a hit with consumers, but legal compliance can be like trying to shoot a moving target.

Due to the popularity of promotions, there exists a raft of Australian Federal, State and Territory laws and regulations, as well as New Zealand laws and regulations, which directly impact upon the running of a promotion.

Because the von Muenster Solicitors & Attorneys team are specialists in promotions law, and all our promotions staff are practising solicitors, our promotions services are qualified, fast and cost-effective.

We have developed strong relationships with all Australian and New Zealand gaming authorities, and provide full permit application management. Our unique approach enables us to turn around your promotional requirements within your deadlines.

Our trade promotion services include:

  • Advertising clearance;
  • Conducting preliminary reviews of promotional concepts, proposed advertising and entry mechanics to determine compliance feasibility for:
    • Aisle displays;
    • Cash back offers;
    • Coupons;
    • Games of skill;
    • Gifts with purchase and give-aways;
    • Loyalty programs;
    • Samples;
    • Sponsored events;
    • Trade promotions and consumer promotions (games of chance or combination chance and skill);
    • Trade shows;
    • Trading stamps;
    • Full permit appwlication management – from lodgement to provision of permits. For established clients we offer permit fee payment services;
    • Full preparation of terms and conditions or reviews of existing terms and conditions;
    • Industry Codes of Practice and Self-Regulation;
    • Intellectual Property and Confidential Information;
    • Preparation of legal lines, Ts and Cs and disclaimers for advertising copy; and
    • Privacy and Spam.

Additional trade promotion services we offer include:

  • Conducting manual and electronic draws at our premises;
  • Collections of promotion entries to our own locked bag mailing address;
  • Entry verification;
  • Gaming authority winner notification;
  • Handling consumer, gaming authority, ACCC or ABAC complaints;
  • Providing consumer dispute resolution services;
  • Publication of winners’ names in accordance with gaming authority requirements;
  • Scrutineering services;
  • Storing and record keeping of entries; and
  • Winner notification.

Marketing Law

Businesses that engage in marketing or provide marketing services must comply with an ever-increasing and complex regime of Federal and State legislations, general law and industry codes of practice. They must also pay constant attention to the legal and commercial risks affecting the way a campaign is executed. We provide marketing law services that reach across all elements of the marketing mix and include legal and commercial advice in respect of:

  • Advertising clearance;
  • Augmented reality and virtuality;
  • Digital and interactive media;
  • Direct response promotion: direct mailing, telemarketing, email and mobile marketing, internet and websites;
  • Distribution channels;
  • Emerging/new media: ambient, street, commando and environmental/experiential;
  • Industry codes of practice and self-regulation;
  • Legal aspects of pricing policies;
  • Lotteries and gaming including trade and consumer promotions;
  • Market research;
  • Marketing techniques: ambush marketing, guerrilla marketing and viral marketing;
  • Merchandising;
  • Mobile media;
  • New media;
  • Outdoor and environmental marketing;
  • Privacy and spam;
  • Product management;
  • Publicity and public relations;
  • Sales;
  • Social media; and
  • Sponsorships.

Media Law

The media remains an essential source of information, education and entertainment. Accordingly, the media is an important facilitator of free speech in society.

As you may imagine, the role of the media in facilitating free speech is subject to a complex web of existing and evolving checks and balances, via a regime of Federal and State legislations, general law, industry codes of practice and self-regulation.

We provide media law services, specifically designed to meet the needs of businesses and individuals involved with the media – from traditional print media and electronic media to evolving media including Internet, mobile, social, blogs, email and multimedia.

Our media law services include:

  • Advertising clearance;
  • Contempt of court;
  • Defamation and slander;
  • Dispute resolution and litigation;
  • Freedom of information;
  • Freedom of speech and free press;
  • Industry codes of practice and self-regulation;
  • Intellectual property and confidential information;
  • Media ownership and control;
  • Media regulation by government;
  • Offensive publications;
  • Privacy and spam;
  • Reporting parliament, elections and political material; and
  • The media and open justice.

Mobile Media

We have extensive experience in assisting with the legal, commercial and regulatory issues that arise with this media platform for marketing communications. The incredible array of channel options available for mobile has resulted in significant laws and regulations to govern the space.

We are able to advise across the spectrum, from negotiating access to mobile advertising portfolios owned by publishers and clearing mobile advertising content, to AdServing services and navigating the mobile premium services regulation.

Our mobile media services include:

  • Advertising clearance;
  • Native mobile applications;
  • Mobi-sites;
  • Mobile related commercial relationships and contracts;
  • Publisher agreements;
  • Insertion orders and mobile advertising terms;
  • Mobile advertising content review and clearance;
  • Publisher content standards;
  • Privacy advice around use of customer databases;
  • Spam Act advice and compliance;
  • Consumer protection law advice and compliance;
  • Use of advertising properties and portfolios;
  • Mobile campaign solutions services;
  • Industry mobile advertising guidelines and codes;
  • Regulation of mobile premium services;
  • Regulation of mobile chat services;
  • Advising in respect of mobile premium services monitoring organisations;
  • mCommerce terms of trade.

Privacy and Spam

This advisory service is sophisticated and industry focussed. It will assist you to identify and maintain compliance obligations, whilst minimising the impact that the legal regimes and applicable industry codes of practice have on the way you do business.

Our privacy and spam services include legal and commercial advice in respect of:

  • Address harvesting software;
  • Compliance solutions and compliance programs;
  • Industry Codes of Practice and Self-Regulation;
  • Lotteries and Gaming including Trade Promotions;
  • Marketing campaigns and use of opt-in databases;
  • Mobile marketing campaigns;
  • Privacy policies;
  • Privacy law reforms;
  • Viral marketing campaigns;
  • Website privacy statements.

Social Media

The popularity of social media gives agencies and their clients new opportunities to actively engage with consumers in their own environs, communities and social networks. Brands are regularly interacting with the most popular social media sites, but are also experimenting with encouraging the uploading of user-generated content onto brand websites or purpose-built micro sites or mobi-sites.

Using social media for advertising is not only subject to the traditional laws governing media and marketing, but is also regulated by particular legal terms, conditions and policies set by the social platform owners, which are unique to the particular space and are constantly evolving.

There is a risk that use of social media and user-generated content may result in adverse brand publicity and untimely legal proceedings, for example if user-generated content is not censored before going live. Risks can often be reduced if rules of engagement, procedures and conditions are in place to govern the consumer engagement.

Our social media advisory service aims to assist brands and their agencies to navigate through social media platforms and includes legal and commercial advice regarding:

  • The legality of the social media communication through our Advertising Clearance services;
  • Current areas of legal terms, conditions and policies regulating the social media space;
  • Development of a PR/legal strategy;
  • Intellectual property and use of user-generated content;
  • Social media promotions;
  • Terms and conditions of user upload and rules of engagement; and
  • Clearance of user-generated content.

Sponsorships

The dramatic growth in sponsorship investment worldwide and its unique characteristics now make sponsorship a marketing communications method of its own.

As the relationship between a sponsor and the person, team, event or organisation being sponsored arises out of a commercial agreement, it is vital that the sponsorship contracts around this relationship contain the required terms and conditions.

This includes protection of a sponsor’s investment whilst ensuring the sponsored party receives a fair exchange for the sponsor’s access to commercial potential.

Our sponsorships services include legal and commercial advice in:

  • Advertising Clearance;
  • Brand investigation and protection;
  • Commercial advisory services;
  • Dispute resolution and litigation;
  • Intellectual property and confidential information;
  • Negotiation of sponsorship arrangements;
  • Sponsorship agreements;
  • Sponsorship investment protection (including counters to ambush marketing).

Sports Law

We are experienced in handling sports law issues across the sports industry spectrum including competition and tournament organisers, marketing agencies, media companies, players’ agents, players/athletes, event organisers, stadium owners and managers, sporting teams, sponsors and government.

We provide practical and cost-effective commercial and legal services to individuals and businesses in this diverse industry. Our sports law services include:

  • Advertising and marketing agreements;
  • Brand investigation, exploitation and protection;
  • Commercial advisory services;
  • Dispute resolution and litigation;
  • Event management;
  • Intellectual property and confidential information;
  • Sponsorships;
  • Sports-specific legislation;
  • Tendering; and
  • Trade practices compliance.