As a PR, advertising, graphic design, or media professional, you know that sometimes it doesn't matter what you want. Your clients' preferences come first. You might have a brilliant PR campaign or advertising idea, only to have it shot down by a client who insists you simply repackage their old ideas.
We're not just talking about creative differences. Unfortunately, your clients' bad ideas can get you in trouble — they may even lead to lawsuits.
That's because you can be liable for any problems with advertising campaigns or media you produce. Even if you're following a client's orders, you can be sued for:
- Trademark violations.
- Copyright infringement.
- Slander / libel / defamation.
- IP infringement.
- False advertising.
- Advertising malpractice.
And we're not just talking hypothetically. This eBook offers real-life examples of media companies that found themselves in legal trouble when they followed client orders to execute a bad idea.
In this eBook, we'll explore realistic blunders media firms can make and how you can prevent these mistakes at your business with some practical risk management.
A Two-Pronged Approach to Managing Media Liability
Every media company runs the risk of being sued for the creative content they produce — so what do you do about your media liability? You'll need to take a two-pronged approach, which includes…
- Preventing lawsuits. Become knowledgeable about relevant copyright, trademark, and IP laws. Speak up when a client wants you to do something that isn't 100 percent kosher.
- Getting financial protection. Invest in agency insurance like Errors and Omissions Insurance / Media Malpractice and General Liability Insurance.
Don't know the difference between a trademark and a copyright? Don't worry. Whether you're a veteran of the advertising industry or a freelance graphic designer just starting out, this guide will help you sort through the potential risks your media agency may face and what you can do to avoid costly lawsuits.
Next: Ch. 1: Understanding the Laws behind Trademarks, Copyright, Fair Use, and Work for Hire