Legal checklist for marketers: from content creation to launching an advertising campaign

Modern marketing isn’t just about creativity and metrics. Every advertising campaign, every post or giveaway has its legal side, ignoring which can lead to serious fines and reputational losses. This article is your practical legal checklist that every professional should have on hand, just like the contacts of a good lawyer for a marketer. It will help to check your marketing activities for compliance with the law and avoid painful mistakes.

Section 1: Stage 1: Preparation and Basics

Before you can create creatives and drive traffic, you need to lay a solid legal foundation. It is at this preparatory stage that the foundations for safe and legal marketing activities are laid. Ignoring these basic rules can undermine the success of even the most ingenious campaign.

1.1 Content rights. Who is the owner of the created materials (photos, videos, texts)?

This is the first and most important question. You have commissioned a photographer to take a series of images for your product, a copywriter to write the texts for the branding, and a designer to draw the banners. You paid them money. Does that mean you now own all rights to that content? No, not automatically.

By default, under copyright law, the author (and primary owner of property rights) is the person who directly created the work – the photographer, copywriter, designer. The fact that you paid for the work does not automatically transfer exclusive rights to you. Unless this is settled in a written contract, you only get a limited right to use the content (e.g. publish once), and the author may then sell the same photos to your competitors or sue you for using them in another advertising campaign.

What to do?  Always enter into a contract for the transfer (alienation) of exclusive proprietary copyrights. This agreement should clearly state that all property rights to advertising materials created by your order are fully transferred to you. Only such a document makes you the full owner of the content and allows you to use it however, wherever and however much you want. This applies to working with any contractors:

• Photographers and videographers.
• Copywriters and editors.
• Designers and illustrators.
• Composers who write music for your commercials.

1.2 The Law “On Advertising”. The main prohibitions and requirements that must always be remembered

The Law of Ukraine “On Advertising” is a desk book for every marketer. It sets out the general rules of the game and contains a number of direct prohibitions. While the law is large, there are a few key “red flags” that should always be kept in mind.

Key prohibitions:

• Inappropriate comparisons: It is forbidden to directly compare your products with competitors’ products using their names or trademarks, unless such comparison is supported by objective data. Phrases like “our powder washes better than Tide” are a direct violation.
• Use of the words “best”, “#1”, “only”: Such statements may be used only if they are confirmed by official research or rankings, with mandatory reference to the source.
• Discrimination: Advertisements must not contain statements or images that discriminate on the grounds of race, gender, age, social status, religion and the like. This includes sexist advertising, which is one of the most common reasons for fines.
• Covert advertising: It is prohibited to influence consumers when they do not realise it (e.g. by using the 25th frame).
• Prohibited Advertising: There are strict restrictions and/or a complete ban on advertising alcohol, tobacco products, weapons, gambling, etc.

Regular  checking of adverts for compliance with the law before launching should be a mandatory part of your workflow. This will help you avoid fines from the State Consumer Service.

1.3 Data Collection. Before collecting contacts for mailings, you need to get the user’s consent

Email marketing, chatbots, push notifications – these are all powerful tools, but they are based on working with personal data. And that means personal data protection laws come into play here, particularly GDPR if you’re working with EU clients.

Golden Rule: you can’t just add a customer’s email to your marketing database just because they bought something from you. You must get his explicit, voluntary and informed consent to send promotional and informational materials.

• Explicit consent: The user himself must perform an active action – tick the box “I agree to receive the newsletter”. Previously ticked boxes are illegal.
• Voluntary consent: You cannot make subscription to a newsletter a prerequisite for receiving a service or purchasing a product (unless the service is the newsletter itself).
• Informed consent: There should be a link to your Privacy Policy next to the subscription form that clearly explains how you will use the data.

You must also provide the user with a simple and obvious unsubscribe option in every email. The topic of data collection is extremely important and complex, so we have dedicated a separate, detailed article to it. To learn how to collect the database legally, read the article “Email marketing and GDPR: How to collect the database legally and avoid fines?”.

Section 2: Step 2: Content Creation

Once the basic rules are learnt, the fun part begins – the creativity. However, even here, legal traps await the marketer. Modern content marketing is often based on audience interaction and the use of current trends. Both of these areas require special attention to copyright and privacy issues.

2.1 User Generated Content (UGC). Can I use photos and customer testimonials in my ads?

User-Generated Content (UGC) is a marketer’s gold mine. Photos of customers with your product, their rave reviews and video reviews are far more credible than any professional advertisement. But then there’s the question: can you just take an Instagram photo that tags your brand and put it on your website or in a promotional booklet? The answer is an emphatic no.

Why you can’t:

• Copyright: The author of the photo is the person who took it, and it is he who owns the exclusive rights to the photo. By using it without permission, you are violating his copyright.
• Right to Image: If a photograph depicts a person, his or her face is protected by law as a “natural person’s right to individuality”. Publication and use of such an image for commercial purposes is possible only with his/her consent.

How to get permission legally?

1. Direct enquiry: The easiest and most reliable way. Write to the author in private messages. For example: “Good afternoon, we really like your photo. Can we use it on our website/social media with your profile tagged?”. Once you receive a clear answer “Yes, of course”, you already have permission (save a screenshot of this correspondence).
2. Public offer in the rules of the promotion: If you are running a contest where you ask users to post a photo with a certain hashtag, be sure to add a clause stating that by participating in the promotion, the user grants you a non-exclusive licence to continue using their photo for marketing purposes. This makes the process much easier.
3. A separate contract: For long-term cooperation or the use of content in large-scale campaigns (e.g. billboards), it is worth concluding a simple licence or rights transfer agreement.

The topic of use of user content is very important for modern marketing, so we have dealt with it in as much detail as possible in a separate article. Read about how to legally use photos and customer reviews here: “User-Generated Content (UGC): how to legally use photos and customer reviews in your advertising?”.

2.2 Situational Marketing. How to use popular memes, news, and trends without violating copyrights?

Situational marketing is a powerful tool for increasing reach and awareness. A well-played meme or a topical infomercial can go viral and bring huge benefits to a brand. But this is where marketers often walk on a knife’s edge, risking infringement of other people’s rights.

What to remember:

• Memes have authors: Most popular memes are based on photos, stills from films, illustrations that have specific copyright holders (photographers, film studios, artists). By using such a meme in a commercial advertisement, you formally violate their copyright. Although copyright holders rarely sue over the use of memes, there is always a risk of a claim, especially from large companies (e.g., Disney).
• Using images of famous people: It is illegal to include photos of actors, athletes or politicians in your creatives without their consent. This violates their image rights and may be considered illegal use of their reputation for advertising purposes.
• Other people’s trademarks: You must not use other brands’ logos or names in your advertising without permission (unless you are an authorised dealer or partner).

How can you reduce your risks?

• Create your own templates: The safest way is to create your own visuals that only inherit the style of a popular meme, but do not copy it directly.
• Use memes from “free” sources:  Some images that have become memes are distributed under free licences, but this should be checked carefully.
• Be careful with humour: Make sure your situational joke is not offensive, discriminatory or one that could damage the business reputation of others.

Using memes in advertising and other trends is always a balance between creativity and risk. We talk in detail about the legal nuances of such “edge-of-the-field marketing” in a separate article: “Creating content “on the edge of the fringe”: how to use memes, trends and other people’s infoprovocations?”.

Section 3: Stage 3: Launching an advertising campaign

The content has been created, the basics have been checked – it’s time to go out to the audience. At this stage, the legal risks shift to interaction with third parties – bloggers, contractors, and, in fact, the participants in your campaigns themselves. Properly formalising these relationships is the key to ensuring that your campaign goes smoothly and does not end up in a scandal or lawsuit.

3.1 Co-operation with bloggers. How to protect yourself when working with Influencers?

Influencer marketing is one of the most effective promotion channels. But co-operating with bloggers “on word of mouth” is a huge risk. A verbal agreement in Direct will not protect you if the Influencer:

• Doesn’t release the advert within the agreed timeframe.
• Will do it poorly, with mistakes in the name of your brand.
• Deletes your post or Stories before the agreed deadline.
• Will immediately promote a direct competitor after your campaign.
• Will do something that will damage the reputation of your brand.

To avoid these risks, any collaboration that involves payment (in money or goods/services) should be recorded in writing. The blogger contract is not unnecessary bureaucracy, but your insurance policy.

What is mandatory in the contract:

1. Subject of the contract: A clear description of the advertising services (for example, “1 post in Instagram feed and 3 Stories”).
2. Terms of Reference (ToR): Detailed requirements for content – talking points to be voiced, mandatory account marks, hashtags, and links.
3. Timeline and approval process: When the blogger should submit the content for approval and in what timeframe you should approve it. When should the publication take place?
4. Cost and payment procedure: Full amount, payment terms (prepayment, postpayment).
5. Posting period: How long the promotional material should be available (e.g. “post in feed stays forever, Stories – 24 hours”).
6. Content rights: Important point! By default, the rights to the photo/video created belong to the blogger. If you want to use this content on your website or in targeted advertising, the contract must contain a clause on transferring exclusive property rights or granting a licence.
7. Liability of the parties: Penalties for failure to fulfil obligations (failure to meet deadlines, removal of content, etc.).

Proper  legal execution of cooperation with influencers protects both parties and makes the work predictable and safe. Read about all the nuances of drafting such a document in our special article: “Contract with Influencer: How to legally formalise cooperation with a blogger?”.

3.2 Contests and raffles. What mandatory elements should the official rules contain?

Contests and giveaways are a great tool for attracting an audience. But to avoid turning them into a source of negativity, complaints and accusations of fraud, every such event should be accompanied by clear and transparent official rules. The rules are a public offer, by agreeing to them, one becomes a participant. They protect both you (the organiser) and the participants.

Which is a must in the rules:

• Information about the organiser: Who is running the competition.
• Timeline: Clear start and end dates and times for accepting entries.
• Territory of the action: Where the action is valid (e.g., “all Ukraine, except for temporarily occupied territories”).
• Requirements for participants: Who can participate (e.g., “citizens of Ukraine who have reached the age of 18”).
• Conditions of participation: A detailed and unambiguous description of what exactly needs to be done (subscribe, like, tag friends, repost).
• Prize fund: Exact description of the prizes, their number and characteristics.
• Procedure for determining the winners: This is the most important point! How exactly the winner will be chosen (by a service like random.org, by a special jury, etc.). Date, time and place (e.g. “live on Instagram”) of the announcement of the results.
• Procedure for receiving the prize: How the winner can receive his/her prize, who pays for delivery.
• Other conditions: A clause stating that the administration of the social network (Instagram/Facebook) has nothing to do with the drawing; a clause about consent to the processing of the winner’s personal data for sending the prize; a clause stating that the cash equivalent of the prize is not given.

Having such detailed rules removes 99% of potential conflicts and questions. This is the basis for legal support for advertising campaigns of this type. How to draw up rules that will leave no room for manipulation, we tell you in detail here: “Contests and giveaways in Instagram/Facebook: how to draw up rules so as not to have problems with the law?”.

Conclusions

Legal literacy is an essential part of the marketing profession in 2025. Using this checklist will help you identify and minimise most of the risks associated with creating content and launching advertising activities.

Remember that timely  advertising law advice is not an unnecessary expense, but a wise investment in the safety of your business and an untarnished brand reputation. A proactive approach to legal issues is always better and cheaper than dealing with problems that have already arisen.