Now Can We Kill The Lawyers?

Brinsley Dresden
Lewis Silkin Solicitors

On this page about a year ago, I shamelessly quoted Burt Bacharach hopelessly out of context by asking, 'Why is breaking up so very hard to do?' Of course, Burt was talking about love affairs, whereas I was concerned with the relationship between advertisers and their agencies.

The advertising recession has prompted many 'couples' to look again at the terms of their relationship. They often discover that in the haste to consummate their relationship following a successful pitch, neither side felt the need to finalise a written contract. Now, as clients look to reduce their expenditure and agencies fret over the security of their revenue streams, they both repent at leisure, trying to tease out some certainty over various key questions. Who owns copyright in the advertising created? How much notice is the agency entitled to?