The law! These are the two words that’ll send most PR practitioners running into the distance and over the horizon. Public relations practitioners aren’t always savvy about their legal rights, or what local legislation means for how they (or their clients) operate.
It was a refreshing change to see this issue tackled at this year’s PR Pressure conference. Organized by Secret PR and now held for a second year, the event included a panel of legal minds who were willing to tackle everything from intellectual property (including pitches), to social media and influencers and chasing debts.
I’m going to summarize some of the key points made by the speakers – Cedar White Bradley Group’s Fatema Fathnezad, Norton Rose Fulbright’s Dino Wilkinson, Al Tamimi’s Fiona Robertson, Lincoln Legal Consultants’ Nasir Ilyas and Rafi Yachou from InDate.info – on a number of areas which are, or should be, of concern to communicators.
Getting Your Contract Right
As Fiona Robertson clearly pointed out, much of what goes wrong legally starts with the contract. Be as precise as possible in terms of deliverables, avoid jargon, and ensure that you understand what recourse you have to legal help in the jurisdiction under which the contract is applicable. You’ll end up spending much less on a good contract than on any legal dispute (up to a tenth according to Robertson), so ensure that the contract is watertight and clear to all parties.
Who owns the Intellectual Property (and pitches)
We work in a content industry, and yet so little of what we do with content is understood within a legal framework. For example, do you ask for consent from those people that your photographer is taking pictures of? Are you clear on when and where content which you have purchased usage rights for can be used? And what happens when your content is misused, such as after a pitch?
Fatema Fathnezad suggested that agencies trademark their logo and services, and include these trademarks on all materials. In addition, before and after a pitch agencies need to communicate in writing that the material being presented is under copyright and that as such the execution of these concepts cannot be undertaken without the agency’s permission and compensation being paid. Remember that you cannot legally own an idea, but you can copyright and protect the execution of that idea.
Social Media and Influencers
This one may be common sense, but the first thing that agencies and clients need to bear in mind is that they need to manage administration rights of social media accounts.
Secondly, when it comes to influencers any paid content must be considered as advertising. Dino Wilkinson pointed out that many influencers in our region are reluctant to clarify to the public when content is paid for, but as per the advertising laws there are rules which must be followed by both brands and influencers (you can see them here).
Like many other jurisdictions around the world, there’s not as much legislation around influencers as they should be (for example, do they need to have a business license to operate). Both Dino and Fiona spoke of the need for agencies to have contracts in place with influencers, and for there to be background checks on the influencer – remember that these people will be representing your brand or your client, and so the proper due diligence should be done.
Some of the most interesting comments were made by Nasir Ilyas and Rafi Yachou on the issue of debts. Some of the inputs were logical – chase on payments before they’re due and reschedule payment terms if the client has issues paying. If non-payment occurs, look to resolve the situation directly but amicably. And get a lawyer involved – up to a quarter of cases are settled by a letter from a lawyer. There are dispute mechanisms available in the country, such as the DIFC Small Claims Tribunal, but these mechanisms will cost you time and money, so beware of what you’re getting yourself into.
Yachou suggested two novel agency approaches to clients – firstly, do a background risk assessment, so that you understand the history of payments both for a particular industry and a specific client. Secondly, there are insurers who will underwrite agency billing; if a client doesn’t pay, the insurer will make up the shortfall. We’re talking about billing in the millions of Dirhams here, so it’s not going to help small agencies, but it is a thought for those medium and larger sized agencies who want to hedge their risks.
Thank you to Secret PR
I want to say a big thank you to Sarah Mohamed and her Secret PR team for arranging this event, which is free to attend and which does tackle the big issues that the industry faces (other topics included the Arabic language and digital). Sarah and the team put a great amount of effort in to make this work, and it’s good to see a group of people take the initiative to educate others. Thank you Sarah!