Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 69 Services • Scope: What are the types of services the talent may be required to perform, and what are the campaign materials that will be created from such services (e.g., on-camera/voiceover for commercials, digital content, print ad, personal appearances)? How many are permitted in each category? • Time commitment: How many service days are required? How many of them are for production, photo shoot, personal appearances, or PR? Are travel days required? • Social media: What is the required commitment in terms of number of tweets, posts, or other use of the talent’s social media channels? Who determines the posting schedule and content? Does the brand have approval rights? Does the brand have the right to republish, whitelist, or link to the posts? Term and Territory • What are the service term and usage term? Note that the two are not always the same; the usage term can be longer. • Is there an option to extend terms, either the service term or the usage term? If so, is it contingent upon sales or revenue targets? • What territories are covered by the agreement (e.g., U.S., worldwide, etc.)? • If digital is involved, then territory can be trickier unless it’s worldwide. Usage Rights/No Obligation to Use • What distribution channels may be utilized for campaign materials (e.g., all forms of TV, mobile, transportation, online, in-stadium, in-cinema, in-flight, print, emerging media, etc.)? • How does the agreement provide for internal and trade use, and is that use permitted after the term? • Include a statement that the brand has no obligation to use talent’s services, or to create or distribute materials that include talent’s name and/or image. Creative Approval • Does the agreement address the talent’s participation in creative development, approval rights, etc.? • Does the agreement address final approval rights? The brand should retain final approval of campaign materials.