Structuring Product Placement Deals: Mitigating Risks to the Brand, Regulatory Compliance
Negotiating Exclusivity, Creative Control and Other Key Provisions, Enhancing Brand Awareness
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel on negotiating product placement deals. The panel will examine key provisions, the risks that could potentially damage a brand, and how to mitigate risks. The panel will also address issues that arise in the context of social media and compliance with the FTC Endorsement Guidelines.
Outline
- Risks to a brand in product placement
- Crucial provisions
- Exclusivity
- Scope of rights
- Creative control and approvals
- Termination rights
- Others
- Risk mitigation during negotiations and after the deal is completed
- Social media issues
- FTC Endorsement Guidelines compliance
Benefits
The panel will review these and other priority issues:
- What are the principal provisions to include when negotiating a product placement deal?
- What steps can counsel take to ensure the brand is protected in a product placement deal?
- What are the regulatory concerns for counsel to brand owners when products are placed in different forms of entertainment?
Faculty
Amy B. Goldsmith
Partner
Tarter Krinsky & Drogin
Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or... | Read More
Successful, profitable businesses share certain characteristics: immediately recognizable brands, desirable products or services, and a strategic plan which minimizes legal risks. As co-chair of the firm’s Intellectual Property Group Ms. Goldsmith partners with clients to provide practical legal advice and connections to grow their businesses. A strategic advisor, she guides clients in all stages of their development from idea conception and protection, to funding, manufacturing and enforcement. She protects the global interests of national and international clients in a wide variety of industries, including fashion, cosmetics, pet products, publishing, medical devices, exercise equipment, web-based business applications and telecommunications platforms, and consumer and designer goods.
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Rick Kurnit
Partner
Frankfurt Kurnit Klein & Selz
Mr. Kurnit is internationally recognized in the advertising and marketing services and publishing industries,... | Read More
Mr. Kurnit is internationally recognized in the advertising and marketing services and publishing industries, representing advertisers, advertising agencies, content and media entities. He is co-Chair of the firm’s Advertising, Marketing & Public Relations Group and was a founding Vice Chair of the ABA Committee on Private Advertising Litigation. Mr. Kurnit has handled many of the leading cases defining the application of IP law to advertising and marketing communications. He teaches advertising and IP law and lectures and has repeatedly been a guest lecturer at Beijing University; Harvard, Columbia, University of Pennsylvania, NYU, Fordham, New York and Cardozo Law Schools; and conferences in Asia, Europe, and North America.
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Anne Kennedy McGuire
Partner
Loeb & Loeb
Ms. McGuire focuses on motion picture, television and digital media as well as traditional and branded entertainment.... | Read More
Ms. McGuire focuses on motion picture, television and digital media as well as traditional and branded entertainment. She represents clients in a wide variety of areas, including evaluating, negotiating and drafting talent, development, production and licensing agreements, primarily for non-scripted programming and documentary films. Ms. McGuire also assists entertainment companies and advertisers in negotiating sophisticated product and brand integration and placement agreements. She also has significant experience in the areas of advertising and marketing law, particularly as it relates to new media platforms. She counsels advertisers and advertising agencies on the use of new technologies and emerging content production and distribution models. Ms. McGuire routinely advises clients on the development of their advertising and promotions strategies to leverage these developing media channels, as well as on related data security, privacy, and IP commercialization issues.
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