Media & Marketing Laws

Having a strong set of terms and conditions is the basis of any solid business relationship. We can provide bespoke terms and conditions which can be adapted on a case-by-case basis.

Alternatively, we offer Commercial Contract Reviews which are an effective way for your business to review commercial contracts quickly and cost effectively based on a limited review of only the most fundamental provisions. 

For our media and marketing clients, we ensure that general terms and conditions are tailored to cover off their industry specific requirements.

What are the benefits of a Commercial Contract Review?

• By reviewing specific terms of your key contracts, costs can be reduced and time savings can be achieved. As the saying goes, an ounce of prevention is worth a pound of cure.
• By identifying legal blind spots and implementing workarounds leads to smart working.
• By identifying legal risk in a business, actions can be implemented to reduce exposure to financial risk such as fines for noncompliance, damages for breach or damages from claimants.

What’s included in the commercial contract review?
Reviewing the contract and preparing a high-level report in relation to the key legal risks associated with the contents and omissions of the contract. It is a high-level review rather than a full review, focussing on key issues rather than providing a full contract commentary. A few examples of clauses we would review would be:

• Term
• Limits of liability
• Confidential Information definition
• Confidential information not covered
• Change of control
• Governing law
• Jurisdiction

Whilst we are English law advisors, we are experienced in managing international projects, working with local lawyers to ensure that projects are efficiently delivered on time.

Our Social Media Lawyers offer our clients support in talent and influencer representation and engagement – to ensure that they always stay ahead of the curve in the fast-paced and dynamic sector that is social media. We provide pragmatic guidance to help our clients navigate the commercial and regulatory landscapes and cover a broad range of topics, such as compliance with regulatory codes, licensing, notification requirements, and regulatory interventions. We also assist with the practical elements of a deal, including negotiating influencer agreements and brand partnerships and registering trademarks.

We have experience in providing advice to both clients based in the UK and clients overseas on the advertising laws and rules that must be adhered to when advertising within the UK.

Areas of expertise involve:

• Influencer agreements
• Defamation on social media
• Harassment on social media
• Online terms and conditions
• Social media copyright issues
• Social media policy for employers
• Licensing agreements, including music licensing
• Talent agreements
• Joint Ventures
• Software as a Service Agreements
• Services Agreements
• Terms & Conditions
• Shareholder Agreements

Our team of experienced media lawyers can provide specialist legal training on media law and relevant topics, tailored to suit your business.

We are able to offer training onsite, at our offices, or an location of your choosing. Alternatively, we can provide training remotely using video conferencing facilities.

Training sessions are tailored to meet the needs of your business, addressing repeated issues or new issues your business might face and provide updates on legal developments. We are experienced in providing training to staff across all departments, including in-house legal counsel and sales teams, to ensure that they are updated and aware of current media law and / or relevant media and entertainment topics which might affect them in their roles.

Some examples of topics include:

How can my business optimise influencer marketing?

• What are the laws around influencer marketing?
• What type of agreements should I have in place and what are the key commercial risks my business should consider when engaging with an influencer?
• What is the CAP code and how it is enforced if there is a breach?
• What are our top tips are on ensuring your brand is protected?

Training can be provided as a one-off refresher course, or as a point of an ongoing compliance programme.

Intellectual Property encompasses a vast and diverse array of business property from software and other copyright materials, to designs and logos and inventions and processes. The laws surrounding Intellectual Property fall into a number of areas, copyright, trade marks, design rights and patents.

Our Intellectual Property team have assisted start-ups through to multi-national businesses protecting their IP.  How can we help you:

• Copyright & Trade Marks
• Brand Protection
• Buying and Selling Intellectual Property Rights
• Intellectual Property Licences
• IP Disputes
• Outsourced IP Services
• Protecting a Design
• Training and Workshops

Data is a valuable business asset and data protection compliance is a critical issue for companies and individuals alike. Our expert data protection lawyers regularly advise on a variety of complex data protection issues. Our services include:

• Data Breaches
• Employment Data Protection
• Subject Access Requests
• Compliance
• Disputes
• Audits
• Policies

In addition, we also advise on a wide range of data protection matters, such as:

• The use of cookies and other tracking technologies
• The transfer of personal data to third countries
• The use of personal data for marketing purposes

Whether you have just established your company or are an experienced data protection officer, our understanding of the market and law means we are able to apply a commercial and contractually sound perspective to our support and advice.

Our Dispute Resolution lawyers cover a full range of disputes from the complex and high value to the more modest. We represent clients in the courts, arbitration tribunals and use alternative procedures, including mediation, to resolve disputes.

Our Dispute Resolution team can support you with:

• Asset Recovery
• Business Disputes
• Data Protection Breach
• Land & Property Disputes
• Intellectual Property Disputes
• Professional Negligence
• Debt Recovery

This will be dependent on the type and nature of the project. At Herrington Carmichael, we always take the time to understand whether standard terms and conditions would be needed, or whether bespoke agreements should rather be in place. We have experience in drafting and negotiating an array of media law focused agreements, including influencer agreements, general terms and conditions, collaboration agreements, joint venture agreements to name a few. 

• Within the media realm, there are a large variety of legislation and regulations that apply which include UK and EU GDPR, data protection laws, intellectual property laws, advertising regulations (ASA, with the CAP and BCAP codes), Privacy and Electronic Communications Regulations, to name a few. The newly pledged Media Bill, however, will update decades-old legislation to ‘unleash the power of British broadcasters to attract bigger audiences in the UK and abroad’. 

Influencer marketing is a strategy where brands collaborate with individuals who have a significant and engaged following on social media platforms to promote their products or services. These individuals, known as influencers, leverage their credibility, expertise, or popularity to endorse and showcase the brand’s offerings to their audience, aiming to influence consumer behaviour and drive sales. The collaboration often involves a mutually beneficial relationship where influencers receive compensation, products, or other incentives in exchange for promoting the brand to their followers.

There are a number of potential sanctions for breach of advertising and marketing laws. For example, The Advertising Standards Authority (ASA) can issue civil penalties of up to £500,000 for breaches of the Advertising Code. Also, businesses that engage in misleading or deceptive advertising can be prosecuted under the Consumer Protection from Unfair Trading Regulations 2008. This can result in fines of up to £5 million for businesses and up to two years’ imprisonment for individuals. Further, businesses may also be liable for damages to consumers who have suffered loss as a result of the breach. Non-compliance with marketing and advertising laws can also damage a business’s brand and reputation and make it difficult to attract and retain customers.

Training in this area encourages a culture of protecting the brand identity and legal compliance. Employees become more aware of the value of the brand, importance of protection and ways to protect the brand while preventing dilution or misrepresentation of the brand. In order to utilise media law focused initiatives, it is important to ensure your brand is reflected in a way that is legally compliant but also aligns throughout the business to avoid inconsistencies in the overall message of such branding. 

We will provide information on various avenues that can be explored to enable your business to increase its revenue. Advice on intellectual property registration, licensing deals and partnerships can generate additional income and contribute to your businesses overall financial growth. 

Whether the workshop is attended by just your marketing department or opened up to the wider team, you will receive knowledge to safeguard your brand and ensure that your media projects and strategies are both commercially and legally sound. We can provide you with an understanding on the general marketing and advertising regulations as well as offer advice on ensuring the overall branding of the business is protected.