A BREATH OF LAW… Creativity and advertising agencies

A BREATH OF LAW… Creativity and Advertising Agencies

The contractual value where the conflict between agencies and businesses arises more frequently is certainly one related to the availability of so-called “creativity” or ideation and creative processing effected by the agency as part of the assignment.
The problem arises when the relationship ends being frequently that the company intends to continue to leverage the creative material of its previous campaigns as the agency claims itself to have kept on it the copyright and demands to be compensated for its uses after the termination of the relationship.
To prevent disputes about it, contracts often contain clauses setting out which of the two parties have the rights on “creativity.” But when this clause there is, it must be assumed to compete to the customer, in application of the principle (widely shared) that the rights of economic exploitation of intellectual works created on commission belong to the customer limited to the scope and purpose the contract. (From “Diritto e Pubblicità” -Law and Advertising- Fusi/Testa)

[NOTE: This is an automatic translation]