Legal Issues

You don’t want to fight the law. Believe us. The law will win.

Best to avoid the law. Completely.
We’ve got the info you need to stay on the straight-and-narrow,
even when the road gets bumpy.

4A’s Guidance: Safe Sleep Advertising

Government Relations

The 4A’s, in partnership with Cribs for Kids and First Candle, formerly the National SIDS (Sudden Infant Death Syndrome) Foundation, is providing guidelines to its member agencies on how to responsibly portray sleeping babies in advertising.

4A’s MSA Guidance: Allocation of Risk, Indemnification & Limitations on Liability

Members of the 4A’s legal, finance and commercial practices communities have developed agency-client master service agreement (MSA) guidance related to Allocation of Risk, Indemnification & Limitations on Liability.

4A’s Data Security Awareness Guidance |

This white paper, developed by members of the 4A’s data security task force, is intended to elevate awareness of data security challenges.

A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon |

Marketing & Communications

Reed Smith, LLP has just issued the new 3rd edition of “Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon.”

4A’s/ANA New Joint Initiative to Collect & Share Marketing-Related Patent Assertion Information

The 4A’s/ANA Patent Assertion Information Aggregation and Dissemination Program (PAID) is a platform to collect patent assertion information related to patent assertions against association members. This program provides association members with a strategic advantage in monitoring and assessing patent assertion demands by Patent Assertion Entities (PAEs).

New York State Extends Labor Law Protections to Child Print Models |

Marketing & Communications

Recent legislation concerning the employment of child models in New York State was signed into law Monday evening, October 21, 2013, by New York State Governor Andrew M. Cuomo and takes effect 30 days from signing.

4A's Launches Patent Website |

Marketing & Communications

4A’s Patent Website will help marketing services companies better understand how patents can impact agency software services and digital work product and help facilitate an exchange of information related to patent dynamics.

4A's Patent Guidance |

Management Services

Recent agency experiences with patent assertion matters have led the 4A’s to a few patent guidance recommendations for agencies.

Patent Guidance Recommendation: Digital Functions, Patent Liability, and the “Wayback Machine” |

Recent agency experiences with patent assertion matters have led the 4A’s to offer the following downloadable document outlining specific recommendations.

Update on Right-to-Work States Regarding SAG TV, AFTRA TV, AFTRA Radio Commercials Contracts

Production Services

This bulletin regarding the employment of union performers in Right-to-Work states is provided for SAG and AFTRA JPC Authorizers and Direct Signatories to the SAG and AFTRA Commercials Contracts.

Media Matters | Statement of Best Practices to Address Online Piracy and Counterfeiting |

Media Services

The ANA and the 4A’s strongly believe that U.S. advertisers must have confidence that their ads are not unintentionally providing financial support to, or otherwise legitimizing, “rogue” Internet sites.

Pinterest Redux | To Pin or Not to Pin…That Is the Question |

Marketing & Communications

In late March, the 4A’s issued the bulletin “How Brands Can Use Pinterest Without Breaking the Law.” Since that time, Pinterest has updated its Terms of Service.

Production Matters | Music Licensing Battles Over Ownership Rights May Impact Agencies and Advertisers

Marketing & Communications

James L. Johnston, Partner, and Daniel Nemat-Nejat, Associate, of the law firm Davis & Gilbert LLP, have authored the article “Copyright Termination Rights Create Quandaries for Music Licensees,” which is accessible to 4A’s members.

How Brands Can Use Pinterest Without Breaking the Law |

Marketing & Communications

How Brands Can Use Pinterest Without Breaking the Law touches on limiting potential liability issues as well as the unique issues of using Pinterest for promotional advertising.

Client Data Security |

Management Services

This discusses the background on data security issues, the difference between data security and disaster recovery, and offers illustrative samples of data security policies obtained from 4A’s members.