ADVERTISING + MEDIA LAW MEMBER PRACTICE GROUP

This group of ACC-GNY members meets every four to six weeks to address issues of current interest. Experienced practitioners employed by advertisers as well those with agencies and other companies in related industries participate. Meetings take place over breakfast and start with a short (non-CLE) presentation followed by highly interactive discussions. The group identifies topics for future discussions. Recent meetings have addressed “Sequential Liability” and “IP Clauses in Advertising Contracts.” [See Below] Future topics will be “Training Businesspeople” and “Social Networks –Twitter, Linked-In etc”. 

Acting Chair: Elaine Reiss
Phone: 212.222.8064
Email: elainereiss@hotmail.com
    

SEQUENTIAL LIABILITY

Rick Kurnit of Frankfurt Kurnit Klein & Selz gave a brief history and overview of Sequential Liability. The group discussed the following:

• Does Sequential Liability have any meaning in law?
• How does Sequential Liability affect media buying?
• How can advertising agencies and clients agree on Sequential Liability issues?
• What is the media perspective and experience?
• What are the alternatives to Sequential Liability?
• What works and which mechanisms are most appropriate?
• Does Sequential Liability have a role in production and other services that agencies supply?
• How does the U.S. compare to Europe in production customs and practices, and how does Sequential Liability apply?
• Contract provisions.

IP PROVISIONS IN ADVERTSING CONTRACTS

Rick Kurnit and Brian Murphy of Frankfurt Kurnit Klein & Selz gave a brief overview of Intellectual Property Provisions in Advertising Agreements. The group discussed the following:

• Review of traditional Agency/Client Agreement provisions
  - Do they still work? Can you leave them as is?
• How have these provisions been modified to take into account changes in the relationship between agencies and clients?
  - Non-exclusive relationship
  - Hourly fees vs. percentage of media spent
  - In-house use and alteration
• Master Services Agreements
  - Superseding scope of work provisions
• Ownership vs. unlimited use
• Third party rights
• Indemnification for IP claims
  - What are the alternative provisions?
  - What will be enforced by courts?