The Marketing Supply Chain Field Guide: Part 8 – Legal Roles

When you think of roles and functions that go hand in hand with each other; marketing and legal probably aren’t too high on your list. The fact is they work closer than you think, especially in marketing project management. We’re not saying that it’s common to have lawyers write copy, create designs, source materials or oversee distribution. However they will often be involved in those functions and more as compliance and contracts surround just about everything in today’s business environment.

Legal Compliance in the Marketing Supply Chain

We might as well start with the big gun that’s not always so obvious: intellectual property. Marketing material that does not contain some kind of intellectual property would certainly be an exception rather than a rule. Some organizations place stewardship of certain intellectual property like logos, slogans and other trademarked information in the hands of marketing professionals. They create and use some forms of IP, so they are expected to know the rules. Even in such cases it is not uncommon to for people in legal roles to be involved from time to time. In other cases legal is a standard part of the review and approval process regarding marketing materials. On the other side of the coin, especially in situations where comparisons are made or competition is very close, there may be legal concerns over the use or infringement on the IP of others.

We’ve all seen ads and marketing collateral that portray something outrageous to get our attention followed by a disclaimer. That often denotes the involvement of people in legal roles. If there is any risk of liability over real or perceived safety issues, product claims, or anything else that could lead to end-user endangerment or dissatisfaction, it’s a safe bet that legal staff involvement will be required. The same may hold true for any communication related to usage and assembly of products.

Giveaways, contests and sweepstakes are another area where legal involvement is common. Depending on the organization, its location and its target audience the laws surrounding promotions where “winning” is an objective can be deep and confusing. Ever see a promotion on a cereal package that refers you to a bunch of fine print that seems like a lot for sending in a box top? That’s not the work of some maniacal copywriter or just something lawyers do to irritate package designers; it’s the law and if it’s not done correctly it can be a costly mistake. Before it’s released to the public, or after something goes awry, legal will be involved at some point.

Targeting and execution can even be areas where legal becomes involved in marketing projects. For example there are various laws regarding promotion and packaging of products intended for children. Products that are considered to be “controlled” have restrictions and warning requirements for promotional and packaging materials. Non-profit and charitable organizations often come under different rules. Publicly-held organizations may have to follow requirements and restrictions of the Securities and Exchange Commission or the Interstate Commerce Commission in their marketing. All of these situations will often trigger involvement of legal staff in marketing projects.

Just Sign on the Dotted Line…After Legal Approves It

Contracts are not something considered to be crucial to marketing – until the time comes that a contract is required to bring a marketing material project to fruition. Unless your organization’s marketing supply chain is completely internal, which is highly unlikely, you will rely on outside resources to get the job done. When you rely on outside resources contracts are a fact of life. When contracts are a fact of life legal staff will be involved.

Traditional contracts outlining all of the particulars of a business deal between two entities can exist at nearly any level and for any purpose. Common places where contracts will appear along the marketing supply chain include freelance creatives and analysts, agencies, vendors, printers, manufacturers, service bureaus, mail shops, transportation carriers, warehouses, distributors and media outlets. But the list doesn’t stop there.

Other forms of contracts, less common in other areas of business, are more common in the world of marketing materials. If models, spokespeople, voice-over artists or even testimonials and quotes are part of the project, releases may be required before the work can be made public. The same can hold true for photos, cinematography, written copy and designs even when created by an individual who is under contract, depending on the terms of their contract. Other times, especially when dealing with stock media such as photos, footage or music that was not originally created for the organization or its marketing, royalties or licenses may be involved. While releases, royalties and licenses might not seem as daunting as a thick contract; they can be just as complicated and the ramifications of non-compliance as severe.

Spotting the Legal Types in Your Organization

Legal departments vary in size and composition as much as any other department. There could be one person or a whole team. Some may even be outside resources on contract or retainer. Their titles will also vary as much as in any other department but their general areas of responsibility and interaction will be similar.

Generally at the top end of a large legal operation, or as a one person show in a smaller one, will be a chief legal officer, solicitor or other top level corporate attorney. If the organization is large, involvement should be similar to other C-level executives: top-level policy and major decisions. In smaller organizations this person may be involved with anything and everything.

Some organizations employ the services or specialty attorneys, either on staff or through retainers. When an intellectual property lawyer is present they will likely be involved with marketing material projects and the marketing supply chain at some point as their concern is focused on trademarks, logos, slogans, copyrights and patents owned by the organization. More concern over these areas may be noticed when agencies or other outside marketing resources are working with an organization’s IP as they may not be as familiar with it. Contract attorneys will be focused on the creation, review and execution of contracts between the organization and other parties. If specialty attorneys are not part of the legal team, those duties would revert to others on the team.

Lawyers are not the only roles to be found in an organization’s legal structure. Some organizations rely on paralegals along with attorneys. Depending upon the jurisdiction and situation of the organization a paralegal can often do a lot of what an attorney would do in a business environment. If paralegals are part of the team, they would conceivably be more likely to interact with the marketing supply chain on a regular basis than an attorney. Legal clerks or administrators are often seen in situations where the legal activities of an organization are frequent and consistent but there are not many lawyers or paralegals. As administrative level staff versed in legal matters and processes, legal clerks are often tasked with everyday legal matters and may serve as an initial point of contact.

As in all marketing supply chain roles, the legal ones in your organization may – and probably will – vary. You may even have roles or entire categories of roles that we have not discussed. Since it would be impossible to cover every unique circumstance, we focused on the roles that are likely to occur across a broad variety of organizations. As we close yet another chapter in the Marketing Supply Chain Field Guide, the seemingly unending combinations of roles further reinforces the importance of managing projects with tools and software not only built for the task, but tailored to your organization.

Join us next week as we open a new chapter investigating the kinds of marketing materials managed within the marketing supply chain.

The Marketing Supply Chain Field Guide: Part 8 – Legal Roles

The Marketing Supply Chain Field Guide: Part 6 – Finance Roles

Some combinations just go together well as polar opposites. They are distinctly different from, yet often attract, one another. North and south, fire and ice, good and evil are all classic examples. Marketing and finance is another. Marketing is driven by passion and human nature. Its output equals its success. Its results are born of ideas. At the other end of the spectrum is finance; driven by calculation and procedure, with success measured against forecasts. Organizational and operational success; however, require both and therefore a relationship exists. Unfortunately that relationship is often thought to be one of dysfunction.

A Great Place for Opposites to Attract

When marketing and financial operations work more closely together, they are more understanding of each other’s purposes and needs. When they work in an integrated environment, at a point where their paths naturally cross, agility and results are improved. The marketing supply chain is that point. It is where budgets go from forecasts on paper to tangible marketing materials that drive the revenue that translates into bottom line results.

Much like marketing, finance and accounting means something different to every organization. Sometimes even more so as laws and regulations often dictate the financial and accounting functions and roles that must be present. Because every organization varies, we will explore finance roles in the marketing supply chain from a broad perspective.

Finance Executives

The chief financial officers, chief accounting officers and chief auditors of the world – are not likely to be interested in the day-to-day functions of the marketing supply chain. They will be interested in the big picture and the overall results. Return on marketing investment is an area that seems to be getting more interest from today’s finance executives. Interest and visibility at this level are important as they demonstrate recognition of marketing’s move from cost center to driver of revenue. Metrics and KPIs that show outcomes directly tying marketing materials to increases in audience share and revenue are important points to communicate to finance executives.

Finance and Accounting Managers and Staff

There are many potential roles within finance and accounting beyond those considered to be in the C-suite. These are the people interested in the day-to-day touch points between finance and the marketing supply chain. Comptrollers, controllers, certified public and managerial accountants, auditors and bookkeepers all potentially interact with and contribute to an organization’s marketing supply chain. Because marketing supply chain spending is done with the intent of eventually driving revenue, the marketing supply chain actually impacts finance and accounting at both ends. Everything from accounts payable and tax accounting for freelancers to budget planning and annual audits are points of interface with the marketing supply chain for finance managers and their staff.

So Why Is There Often Such a Rift?

Even to the most analytic or strategic of marketers, the world of finance and accounting is likely to seem alien. An accountant and a brand manager may both understand the importance of, and even respect, each other’s work. However, dealing with the mechanics outside of one’s own zone of operations will almost always seem to be a hassle. Paying the bills, cutting the checks and keeping budgets in perpetual motion is pretty important to keeping the marketing supply chain machine up to speed. Without finance everything could grind to a halt. Organizations seeking to improve impact and results are wise to keep finance involved as part of the marketing supply chain.

The Right Involvement in the Right Amount at the Right Place

We already understand that an organization’s marketing supply chain can stretch far. It can also call for involvement from various roles at erratic times. One-size-fits-all solutions don’t work for keeping finance roles involved when and where they need to be. Project management software, purpose built for the marketing supply chain, provides what is needed to keep finance and accounting people involved in precisely the right amount and place.

Communication is vital. The more marketing and finance roles are connected, talking and sharing information; the more they come to understand each other. The more they understand each other, the less generalized interaction will be, leading to a more productive relationship.

Data is one of the ways that the gap between these roles can be bridged within the marketing supply chain. Remember the mention of finance execs looking at marketing efforts as the revenue drivers they are as opposed to the cost centers they have been? Data is the driving force behind it.

When the people involved in the marketing supply chain can see what is going on within it, the unfamiliar becomes less imposing and more understandable. Transparency leads to an understanding of all of the different processes, sharing of successes, shared accountability and increased efficiency in the future.

There is often no better way for any marketing operation to win hearts and minds within the organization than through efficiency and cost savings. If cuts need to be made and there is a choice of an operation that can demonstrate its level of voluntary efficiency and cost savings and one that can’t, which operation do you think will see the cuts?

The Marketing Supply Chain Field Guide continues in the next installment with a look at the sourcing roles found in many organizations’ marketing supply chains. Join us then and check back regularly for more.

The Marketing Supply Chain Field Guide: Part 6 – Finance Roles