Creative services companies such as marketing consultancies, advertising agencies, design studios, and public relations firms often promote and encourage a relaxed, laid-back work culture. Many believe the rigors and structure of a traditional office environment can stifle the creativity that employees and freelancers are asked to generate. Yet, these companies, studios, agencies, and firms are still operating businesses and experienced legal counsel is often needed to keep things running smoothly. The attorneys of Dalton & Tomich, PLC understand the culture on which these firms thrive and provide creative solutions that allow them to maintain their modus operandi while navigating challenging legal issues.
Creative service firms rely on unique Agency-Freelancer relationships that provide the flexibility needed to ramp up production for big tasks without bringing on overhead of new employees.
We understand the intricacies and importance of protecting your work when you’re producing creative materials for clients. Standard contracts between the agency and client should be in place to ensure your work is protected.
The attorneys of Dalton & Tomich, PLC have the experience and the knowledge to work with you to develop a legal solution that helps you accomplish your goals.Speak With an Attorney
It’s important to set forth issues like ownership of the work, transfer of the product and liability issues up front. If the project takes off, or goes sour, the contract that was signed at the outset is always the benchmark as to how matters will be handled.
Freelance work is common in this industry, and used when the agency needs specific expertise or to meet a crazy deadline. You must have a contract between the agency and independent Contractor before you get started. Your freelancers should have creative freedom, but the key is to outline the confidentiality requirements, scope of work, who owns the work they create, and how they can use it (if at all), and shield against liability in an agreement up front.
The IRS has a 20 point test to evaluate this relationship, but the lines are almost always blurred. Having a contract in place between the parties and then monitoring that it is actually followed is imperative. We can help assist you to ensure this is taken care of.