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PLAYBOOK TEMPLATES
Advertising Agency Agreement
An Advertising Agency Agreement governs creative and media services provided by an agency to a client. This playbook discusses ownership of deliverables, approval processes, and termination rights.
Intellectual Property Ownership
Negotiation strategy
Ensure all creative work developed is owned by the Client. Require the Agency to assign all rights and execute necessary documents to perfect ownership.
Retain ownership of pre-existing IP while granting the Client a license to use it. Ensure clear terms for the transfer of rights upon project completion.
Essential elements
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Ownership of Creative Work
Client owns all developed work.
2
Trademarks and Copyrights
Client owns all trademarks and copyrights.
3
Pre-existing Intellectual Property
Agency retains ownership, grants license.
Action framework
ACCEPT
Propose edits if the clause does not clearly assign IP rights to the Client.
EDIT
Reject if the clause fails to protect the Client's ownership rights.
ADD
Add language to cover assignment of rights and transfer processes.
PRO TIP
Always ensure IP clauses align with strategic goals and comply with applicable laws.
Real-world examples
FAVORABLE
Clear Assignment of Rights
"The Agency acknowledges and agrees that all creative work... shall be the sole and exclusive property of the Client."
NEUTRAL
License Grant
"The Agency grants the Client a non-exclusive, perpetual, royalty-free license to use the creative work."
UNFAVORABLE
Ambiguous Ownership
"The ownership of creative work shall be determined at a later date."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure IP ownership is clearly defined to mitigate potential disputes and financial risks.
Collaborative Ventures
In collaborative ventures, establish joint ownership terms or clear delineation of rights to avoid conflicts.
International Agreements
For international agreements, ensure compliance with local IP laws and consider jurisdictional differences in IP rights.
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