Comprehensive legal support for a social media marketing campaign for one of Poland’s large chain home-improvement retailers.
In May 2018, the law firm’s lawyers took part in delivering a large-scale social media marketing campaign for a major home-improvement retailer.
Preparing the social media campaign
The campaign was produced by Talentmedia, a leading online video marketing agency. Talentmedia is a client of the law firm, which provides ongoing legal services through its Intellectual Property Law practice.
The campaign involved producing a series of videos entitled Wyremontowani, documenting renovations carried out for participants selected through a casting process. Popular influencers hosted the program. The videos and promotional materials were shared on social media platforms including YouTube, Facebook, Instagram and Snapchat. The campaign attracted attention from media covering the marketing industry.
The law firm first reviewed the agency’s campaign concept for compliance with applicable law and established a framework for the types of agreements and their terms. Important issues included refining the concept from a tax perspective and defining the legal relationships among the parties involved in producing the campaign.
Legal aspects of the marketing campaign
The campaign required, among other things, a cooperation agreement between the agency and its client. The agreement addressed the transfer of copyright and licensing of the materials created, as well as the process for producing, approving and formally accepting those materials.
Because outside participants took part in the campaign, the team prepared casting rules and participation agreements. The law firm ultimately prepared cooperation agreements with influencers and guests, as well as a range of agreements with subcontractors, including contracts for specific work with the executive producer, director and editors, and service contracts with people performing campaign-related work.
In addition to copyright matters, the team carried out a detailed tax analysis of the legal relationships among the client, agency, subcontractors and campaign participants. Personal-data processing also had to comply with applicable national law and European Union law, including the GDPR. All agreements had to meet the requirements of YouTube’s terms and those of other social media services.
The law firm’s cooperation with Talentmedia continues, and the parties are preparing another edition of the campaign. The law firm’s work was led by attorney Krzysztof Macionczyk.
