In a creative agency agreement, there is a very important section which needs to be covered in significant detail. This is the section dealing with intellectual property rights.

Following on from Part 1 and Part 2 in this series, in Part 3 we will cover what needs to be addressed in respect of intellectual property.

Client IP Material

Generally, all intellectual property of the client, which we will refer to as Client IP Material, provided by the client for the creative agency to provide its services will be retained by the client. To make this abundantly clear, the agreement should have a clause stating that nothing in the arrangement between the creative agency and the client will constitute a transfer or assignment of the intellectual property rights to the Client IP Material. The creative agency will simply have a licence to use the client’s intellectual property for the purpose of providing services for the duration of the agreement.

Created IP Material

Where the creative agency develops intellectual property for the client, which we will refer to as Created IP Material, the client will generally want ownership of such intellectual property.

A standard clause in a creative agency agreement will normally provide that the creative agency agrees to assign all right, title and interest in the Created IP Material, in any given campaign or project to the client. In addition, upon request by the client, it must execute all documents and perform all acts necessary to vest all intellectual property rights of the Created IP Material in the client.

Third Party IP Material

Sometimes in the provision of the services, the creative agency will use material that is owned by a third party, which we will refer to as Third Party IP Material.

Where the creative agency uses Third Party IP Material, it is important the client is adequately protected. If you are the client, you may wish to include a clause in the agreement stating that where the creative agency uses Third Party IP Material, the creative agency must notify you and obtain an assignment or a licence of all necessary rights as required in respect of the Third Party IP Material.


Intellectual property is a valuable asset and there are often disputes over the ownership of intellectual property that is in arrangements involving designs, creations and artworks. A detailed intellectual property rights clause can help both parties avoid lengthy disputes over ownership of intellectual property. If you are entering into a creative agency agreement, and you are unsure of your rights in respect of intellectual property, you should have the agreement reviewed by a contract lawyer before you sign. Once the agreement is signed, it can be very difficult to amend the terms, particularly if the terms are favourable to the other party.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at

View Privacy Policy