Advertising Clearance
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
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
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
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
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
Our compliance programs include development and implementation of compliance manuals, checklists and training and development workshops.
Contractor & Employee Relationships
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 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
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
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
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
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
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
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
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 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
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
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
- 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
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 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
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.
Sponsorships
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 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.
Social Media
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: