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Valuing Agency Intellectual Property 

Candice Kersh, Partner, Frankfurt, Kurnit, Klein & Selz PC looks at traditional and alternative practices, considerations and case examples associated with developing, protecting and leveraging agency developed ideas and work product.

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Topic Approx. Time
New Business Process 0:34
Non-Disclosure Agreements (NDA) 2:28
      Confidentiality 2:40
      Ownership 3:28
      Indemnification 9:17
4A's Position Papers; Lessons Learned 13:38
      Preserve Ownership 14:08
      New Business/Agency Search Agreements 14:30
Carve Outs 16:40
Usage and Payment 17:15
Indemnification 18:38
Proactive: Agreements, Notices 20:00
Agency/Client Relationship 21:49
Value—What Agencies Do 22:08
Compensation Dialogue 25:28
Benefits of Payment for Value 27:50
Ownership 28:42
Limitations and Carve Outs 32:44
Compensation: 36:02
      Basic 36:30
      Special Services 39:27
      Incentive Compensation 40:15
      Alternative amd Additional Compensation 40:57
Possibilities for Change 46:48
End of Kersh Presentation 48:17
Kersh Questions and Answers Session 48:18–59:25
1. Are there examples you can cite of equity sharing arrangements? 48:21
2. Who should be involved in Intellectual Property and Ownership discussions? 50:20
3. Are clients really willing and interested in discussing value-oriented approaches (i.e., alternatives to traditional labor-based arrangements?) 52:04
4. Are there examples of agencies developing and commercializing their own IP? 52:57
5. Are there examples in new/emerging media where agencies have retained economic interest in the work they develop? 54:34
6. How are agencies getting paid when they develop video or electronic games or non-advertising properties for clients? 56:21
End of Kersh Q&A 59:25
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