Managing an Agency Relationship: A Practitioner's Guide to Pitch Material, Ownership, Third-Party Assets, and Termination
By Casey Scott McKay ·
This guide is for counsel drafting or repairing an agency relationship, from either side. It starts from the observation that the standard ownership clause cannot mean what it says: a campaign is assembled from components the agency does not own, delivered under an agreement asserting that the client owns everything. The guide works through drafting the ownership clause honestly, and the pitch agreement that resolves the most confused area in the sector. It then covers the third-party asset schedule that prevents the sector's most expensive failure, reading stock and music licences properly, fixing the chain through subcontractors, and creator usage rights. The second half addresses generative tool disclosure, allocating content liability to match the work, protecting the brand assets an agency creates, and the transition provisions that are drafted last and needed most. It closes with the three positions worth defending when acting for the agency rather than the client.
IP and Technology > General IP | Guide | Published 16 December 2024 - Updated 27 August 2025 | Casey Scott McKay - marksy.us
Summary. This guide is for counsel drafting or repairing an agency relationship, from either side, and it starts from the observation that the standard ownership clause cannot mean what it says. A campaign is assembled from components the agency does not own, delivered under an agreement asserting that the client owns everything. It works through drafting the ownership clause honestly, the pitch agreement that resolves the most confused area in the sector, the third-party asset schedule that prevents its most expensive failure, reading stock and music licences properly, creator usage rights, generative disclosure, allocating content liability, and the transition provisions drafted last and needed most.
Keywords: agency agreement drafting · pitch agreement · ownership clause honesty · assignment in the alternative · third-party asset schedule · stock licence review · music clearance structure · creator usage rights · generative disclosure · substantiation ownership · indemnity scaling · transition provisions · brand asset chain · freelance assignments · annual campaign audit
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