The Advertising & Marketing Sector

The advertising & marketing industry...

We're all familiar with advertising - it's all around us: on TV, on social media, on billboards, at work, in the office, on the street... everywhere you go, there's an advertisement. 

Advertising is a form of marketing communication that is openly sponsored/paid for, is non-personal and has the sole purpose of promoting or selling a product, service or idea. The advertisements usually stem from the business itself. Advertising is different from the world of 'public relations' as the advertisement is within the control of the business and the business chooses the message that the advertisement will portray. 

Advertising falls within the field of 'Marketing'. Marketing is a broader concept as it involves all facets of advertising and the research needed to serve those advertisements, price goods/services competitively and monitor all related efforts. 

What do the lawyers do?!

Given the nature of the work, it is important that those teams and organisations behind campaigns understand the legal and regulatory world of advertising and marketing.

 

Lawyers that specialise in this sector will (amongst other things):

 

  • provide advice on the suitability and legality of proposed advertisements,

  • provide advice on all forms of digital and traditional advertising and marketing including social media and online advertising, 

  • advise on legal and regulatory issues affecting the advertising industry, 

  • advise on investigations by the Advertising Standards Authority, 

  • draft appropriate contracts to minimise risk, 

  • draft sponsorship agreements, brand ambassador agreements (including agreements with social media influencers), ad agency services agreements, TV advertisement agreements etc, 

  • advise and prepare documents relating to joint venture arrangements when two brands work together, and

  • advise clients on how best to protect (and exploit) intellectual property rights in respect of their goods/services.

Clients in this sector...

Clients will include:

  • marketing teams in a company, 

  • social media influencers, 

  • brand ambassadors, 

  • PR agencies, 

  • media buying and branding agencies, 

  • advertising agencies, 

  • outdoor and market research, 

  • digital agencies, 

  • ad-funded global media owners, 

  • global brands, and

  • start-ups

Example legal cases

Cripps Pemberton Greenish assisted on a collaboration agreement between two large media companies that enabled both companies to work together in marketing their combined services to businesses in the financial services sector and support their international development. 

Browne Jacobson advised a major beauty brand on all its advertising and marketing legal work including the sponsorship agreements for the BAFTA awards and the endorsement agreements between models and the brand. 

Harbottle & Lewis advised a variety of publishing companies in relation to the legal and commercial aspects of their digital exploitation strategy. 

Law firms to consider...