Are you thinking of engaging a creative agency for your business? If so, it is important to ensure your agreement contains a comprehensively drafted intellectual property and confidentiality clause. You will undoubtedly share a significant amount of information with the creative agency. So, you will need to make it clear from that outset that you own your intellectual property and that you do not forfeit these rights by entering into this relationship.

Moving forward, you will be using the creative content and ideas your creative agency produces, so be sure to confirm that you have the rights to use them! We have given some pointers below as to what a creative agency agreement should include.

What Are Your Intellectual Rights?

Are you entering the relationship with intellectual property rights? For example, trade marks, designs, patents, photographs, content, templates and guidelines. Critically, you should take steps to protect these rights. However, you will also need to confirm that your agreement provides the creative agency with a licence to use the material, without assigning them any of your rights.

Material Drafted for You by the Creative Agency

We cannot overstate the importance in confirming the creative agency you are working with correctly assigns all rights to you after they have completed the material. Your agreement should also explicitly state that the agency cannot use any of the material they have drafted for you for other clients or projects. That is, they should not use the material for any other purpose than as set out in the agreement and for the services that the creative agency provides.

Third Party Material Used for Your Creative Works

If your creative agency uses third party material in their creative content, it should be their responsibility not to breach any third party rights. For example, the creative agency should be required to acknowledge where third party content is being used and ensure that they have all of the rights to use the material. It should be the creative agency’s responsibility to meet any licences or royalty payments and assignments if required.

Addressing Confidentiality in Your Creative Agency Agreement

As part of your relationship with your creative agency, you will share with them a significant amount of confidential information including business plans, trade secrets, new products and product development details. It is important that you have clear and straightforward guidelines as to how both parties will deal with confidential information, including after parties terminate the relationship.


The agreement between your business and your creative agency is a valuable tool for explaining how parties will use intellectual property and confidential information. We understand that these assets are crucial to your business’ success.

When closely working with a creative agency, it will likely be a collaborative process, and you will develop content and material together. It is then important that you identify in the written agreement who owns what intellectual property.

LegalVision can assist you with reviewing and or drafting creative agency agreements, commercial contracts and client agreements.

Questions? Please in touch on 130 544 755.

Edith Moss
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