Agencies · Brands · Media · Creators
Advertising is where contract law, copyright, competition law and sector regulation meet on a deadline. I advise creative and media agencies, in-house marketing teams and brands at every stage of a campaign: structuring the agency relationship, clearing the creative, assessing regulatory exposure before launch, and defending or enforcing rights once the campaign is live. I lecture on advertising regulation and unfair competition at university level and have represented parties in some of the most publicised Czech disputes over creative work, including the copyright dispute over Škoda car design reported by Czech Television.
My work in this field is shaped by years inside agencies and client organisations rather than only across the table from them. I know how briefs, pitches, production schedules and media buying actually work, and I draft and negotiate so that the legal framework follows the commercial one, not the other way round.
Framework and project agreements between agencies and clients: scope and change control, retainers and fee models, pitch terms, exclusivity, non-solicitation of staff, liability caps and termination mechanics. Agency-side playbooks that let account teams negotiate standard client amendments without escalating every clause.
Assignment and licensing of creative output from employees, freelancers, directors, photographers, illustrators, composers and voice talents. Usage rights by territory, medium and duration; buy-outs versus licences; moral rights; the position of the client who commissioned the work. Model and talent releases, minors in productions, and the collecting-society layer for music and audiovisual works.
Comparative and superlative claims, substantiation of performance and price claims, parasitic marketing, denigration and misleading omission. Pre-launch risk assessment of campaigns, cease-and-desist correspondence, and injunction proceedings on both sides of the dispute.
Sector-specific rules for alcohol, gambling and betting, tobacco and nicotine products, pharmaceuticals and medical devices, food and supplements, cosmetics, financial services and consumer credit, and advertising directed at children. Self-regulatory codes of the Czech Advertising Council and proceedings before the trade licensing authorities, the Council for Radio and Television Broadcasting and the Czech Trade Inspection Authority.
Disclosure of commercial communication, influencer and creator agreements, affiliate structures, user-generated content, sweepstakes and promotions, and the platform-specific rules of social networks. Cookies, targeting and the data-protection layer of performance marketing. Online intermediary obligations under the Digital Services Act.
Trademark clearance, filing and portfolio management in the Czech Republic and the EU, oppositions and cancellation actions, domain-name disputes, and the protection of trade dress and packaging against look-alikes.
Generative AI in creative production: ownership and licensability of AI-assisted work, the position of talent whose likeness or voice is synthesised, provenance and labelling obligations under the EU AI Act, and the contractual allocation of risk between agency, client and AI tool provider. Review of agency AI policies and client-facing AI terms.
Litigation and arbitration in copyright, trademark, unfair competition and agency-fee disputes before courts of all instances, including the Supreme Court and the Constitutional Court. Preliminary injunctions, takedown and customs measures, and negotiated settlements where speed matters more than precedent.
I lecture on advertising law and unfair competition for students of creative communication and co-author, with Lucie Vaverková, commentary on advertising and media regulation. Selected appearances:
If you are an agency negotiating a client framework, a brand launching a regulated product, or a creator whose face or voice is being used without a contract - get in touch before the deadline, not after.
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