Contracting, Product Integration, Clearance for Content Creation: Risk Mitigation
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide IP and brand counsel on the issues arising from creating and exploiting sponsored content. The panel will address contracting with content creators, disclosure requirements, and product clearance and integration. The panel will offer best practices for content creation, including new AI trends, to reduce the risk of infringement and increase brand protection.
Outline
- Contracting with content creators
- Licensing and usage rights
- Exclusivity
- Compensation
- Indemnification and liability
- Deliverables
- Artificial intelligence
- Regulatory compliance
- Morality and termination clauses
- Product integration
- What is product placement or integration?
- Risks
- Licensing
- Product clearance
- Copyright clearance
- Trademark clearance
- Fair use
- Best practices
Benefits
The panel will review these and other key issues:
- What challenges do content creators and companies face in contracting for social media advertising?
- How is product integration different than traditional advertising, and what are the unique legal issues associated with product integration?
- What are the IP issues concerning creating and exploiting sponsored content?
- What can counsel do proactively to protect against infringement claims?
- What is fair use, and how does it apply in the social media context?
Faculty

Francelina Perdomo Klukosky
Counsel
Saul Ewing
Ms. Klukosky’s practice and experience involve brand management, trademark prosecution, licensing, and a wide... | Read More
Ms. Klukosky’s practice and experience involve brand management, trademark prosecution, licensing, and a wide variety of entertainment transactions. Her work extends to deals involving video games, esports, live and recorded music, digital media and streaming, digital marketing and influencer advertising, book publishing, and technology including artificial intelligence. Ms. Klukosky leverages her experience as a litigator to negotiate, draft, and secure agreements in the entertainment industry, including talent, endorsement, development, publishing, and licensing agreements for scripted and non-scripted programming, podcasts, webinars, and documentaries. She also advises entertainment companies and digital advertisers in negotiating complex product licensing, brand integration, and placement agreements. Ms. Klukosky represents individuals and corporate creators in protecting their intellectual property assets and assisting with their business transactions and litigation. To help clients effectively protect, monetize and enforce their IP assets, she drafts opinion letters, contracts, and develops strategies to minimize the risk of litigation in all these areas. Ms. Klukosky’s trademark work also includes prosecution and enforcement, portfolio management and strategy, licensing, co-branding and joint ventures, as well as brand ambassador, influencer, and endorsement contracts.
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Gonzalo E. Mon
Partner
Kelley Drye & Warren
Mr. Mon advises a wide range of companies in all aspects of promoting their brands. Companies turn to him when... | Read More
Mr. Mon advises a wide range of companies in all aspects of promoting their brands. Companies turn to him when they need help supporting their advertising campaigns, negotiating marketing agreements, and resolving disputes with competitors and regulators. Mr. Mon helps his clients determine what they can say about their products and services in ads, as well as what type of evidence they need to support their claims. He has defended clients when their ads have been challenged by competitors and regulators, including in proceedings before the National Advertising Division (NAD). Mr. Mon has also helped clients challenge their competitors when those competitors made claims they could not support. He drafts and negotiates many of the agreements that underlie his clients’ marketing campaigns. Mr. Mon has worked on sponsorship agreements, advertising agency agreements, and endorsement agreements with actors, athletes, musicians, and other influencers. Balancing his knowledge of the law and his client’s business goals, he knows how to find a middle ground in negotiations and get to a favorable outcome.
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LuAnne Morrow
Counsel
Troutman Pepper Locke
Ms. Morrow advises clients on a range of intellectual property and related branding needs, including the prosecution... | Read More
Ms. Morrow advises clients on a range of intellectual property and related branding needs, including the prosecution and licensing of her clients’ trademarks, copyrights, and patents. Her broad practice spans advertising and sponsorship issues, brand acquisition, and trade secret protection. Additionally, Ms. Morrow advises on a wide range of digital and social media issues, including regulatory compliance matters for consumer product clients. While she is experienced across a variety of industries, Ms. Morrow offers particular depth with licensing agreements and research and development contracts in the health care and life sciences sectors. She also works closely with clients in the apparel, consumer product, entertainment, food and beverage, gaming, and media sectors. Ms. Morrow’s entertainment clients include producers and studios (particularly in production matters, such as finance and distribution, and cross border production), and those in the music industry include artists and other creators, where she handles all aspects of their recording and licensing contracts.
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