Emerging technologies are reshaping advertising and marketing rules, as brands and companies compete to stay ahead of the curve and leverage new breakthroughs to their advantage. Bass, Berry & Sims' attorneys understand the particular business and legal issues confronting our clients related to creating, distributing and monetizing advertising and promotional content and media while protecting corporate and brand intellectual property assets.
Attorneys in our Media, Advertising & Marketing Practice Group counsel industry leaders in the rapidly evolving online, mobile, and digital environment on the increasingly complex issues associated with traditional marketing channels. We represent publishers, online content providers, media companies, authors, television producers, brand marketers and recording artists in a variety of matters, ranging from content licensing and distribution, advertising claims, mobile marketing, cloud computing, regulatory compliance, sweepstakes and promotions, to handling issues related to children's advertising and regulated industries.
Our work includes advising one of the top-selling recording artists on sweepstakes and promotional matters; representing a national retailer on e-commerce deals and structuring and advertising related to its loyalty program; and negotiating licensing, advertising and production deals on behalf of a top national producer and distributor of digital lifestyle content.
We have particular experience with:
- Licensing deals for technologies and platforms facilitating the distribution of digital media.
- Structuring and running promotions, including sweepstakes, contests, sponsorships and gift card and loyalty programs.
- Reviewing and clearing advertising and marketing materials for legal compliance, including the review of television, radio, print, and online ads and offers.
- Counseling on privacy and data security laws governing collection, use and protection of personal information.
- Advising as to emerging media matters, including user-generated content on social media and networks and mobile media.
- Counseling on brand protection strategies.
- Drafting and negotiating advertising, public relations and marketing agency agreements.