Marketing Legal Counsel
Legal Counsel for Marketing & Advertising
From agency agreements to advertising compliance, Clearview helps marketing professionals and agencies protect their work and avoid regulatory pitfalls.
Industry Expertise
Legal fluency in marketing.
Clearview understands the marketing industry's fast pace, creative demands, and the regulatory minefields that can derail campaigns.
Agency Operations
From MSAs to SOWs, Clearview has experience structuring agency-client relationships and knows what protects agencies and what causes disputes.
Advertising Compliance
Competition Act, CASL, influencer disclosure, substantiation requirements: Clearview helps you run compliant campaigns that don't attract regulator attention.
Creative Rights
Who owns the work? When do rights transfer? Clearview structures clear IP provisions that protect both the creative process and client expectations.
Platform & Media
Digital advertising involves complex terms from platforms, networks, and publishers. Clearview helps you understand what you're agreeing to.
Marketing clients Clearview serves.
From boutique creative shops to full-service agencies, Clearview supports the marketing industry.
Creative Agencies
Brand and design studios
Digital Agencies
Performance and growth marketing
PR Firms
Public relations and communications
Media Buyers
Media planning and buying
Production Companies
Video and content production
Freelance Creatives
Independent marketers and designers
Influencer Agencies
Talent management and campaigns
In-House Teams
Brand marketing departments
Legal Matters
Marketing legal matters Clearview handles.
Agency-side work with a focus on Canadian advertising rules, including the Competition Act and CASL.
Agency Agreements
Master service agreements, statements of work, and retainer structures that protect agency interests and define scope clearly.
Advertising Compliance
Reviewing campaigns for Competition Act compliance, substantiation requirements, and disclosure obligations.
Influencer Contracts
Agreements with influencers, creators, and talent that define deliverables, rights, and compliance responsibilities.
IP & Ownership
Clear provisions for who owns creative work, when rights transfer, and what usage rights clients receive.
CASL Compliance
Canada's anti-spam legislation affects email marketing, lead generation, and digital campaigns.
Contest & Sweepstakes
Rules, terms, and compliance for promotional contests under Competition Act requirements.
How Clearview supports marketing businesses.
Ad Review
Pre-launch review of campaigns for compliance with advertising standards.
CASL Audits
Reviewing email marketing practices and consent mechanisms for compliance.
FAQ
Common questions.
Who should own the creative work, agency or client?
It depends on the relationship and pricing. Work-for-hire models typically transfer ownership to clients upon payment. Agency retainer models may retain agency ownership with usage licenses. Clearview helps you structure the arrangement that matches your business model and client expectations.
What advertising claims require substantiation?
Under the Competition Act, all performance claims, comparative claims, and testimonials require adequate substantiation before publication. 'Puffery' (obvious exaggeration) is generally permitted, but the line between puffery and a claim requiring proof isn't always clear. Clearview reviews campaigns to identify risk areas.
Does CASL apply to our email marketing?
If you're sending commercial electronic messages (CEMs) to or from Canada, CASL likely applies. This includes marketing emails, some transactional messages, and SMS. Penalties can be significant for businesses. Clearview helps ensure your practices are compliant.
How should we handle client payment disputes?
Prevention is best: clear payment terms, milestone billing, and documented approvals. When disputes arise, the strength of your contract and documentation matters. Clearview helps agencies structure agreements that minimize payment risk and pursue collection when necessary.
Do you work with clients outside of Ontario?
Yes. Clearview is an Ontario law firm but works remotely (as permitted) with clients in other provinces and internationally when the matter is within Clearview's practice scope.
Learn More
Knowledge centre.
Ready to protect your marketing business?
Let's discuss your agency agreements, compliance needs, and business growth plans.