2creatives

2increatives is a recognized creative agency founded in 2016 by Yanina Trapachka and Polina Hilburd, who serve as strategic and creative directors. The agency specializes in comprehensive services for brands from the fashion, beauty and lifestyle industries, offering a wide range of services from brand strategy, through content creation, to social media campaign management.
During almost six years of our cooperation, we have provided 2increatives with comprehensive legal services, supporting its dynamic development and ensuring legal security in areas such as contracts, copyright and data protection. Thanks to this, we were able to effectively help in building long-term relationships with the agency's clients and minimize the legal risks that often occur in the creative industry.

Our partnership with 2increatives began at the moment when the agency was starting to implement large projects for international brands. Any implementation, especially when working with large clients and well-known influencers, required precisely drawn up agreements to safeguard the interests of both parties. Contracts for photo shoots and marketing campaigns often include issues related to the transfer of rights to materials, liability for unforeseen events (e.g. cancellation of a model's flight) and billing for additional work time in adverse weather conditions. Our law firm supported 2increatives in the creation and negotiation of such contracts, paying particular attention to safeguarding the interests of the agency and its clients in accordance with the provisions of civil and copyright law.

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Creation and optimization of copyright and licensing agreements

The work of a creative agency is inextricably linked to the realization of content that has a variety of uses — from social media to print materials and outdoor advertising. It is therefore crucial to define precisely the scope of the licence, which avoids confusion about the rights to use creative works in the future. For 2increatives, we have created various variants of license agreements and copyright transfer agreements, covering areas such as the Internet, press and television. As a result, the agency can effectively manage its content, offering clients different license models tailored to their needs and financial capabilities.

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Legal aspects of marketing activities on social platforms

Modern marketing relies heavily on social media, and many of 2increatives' creative activities are carried out on platforms such as Instagram. Serving the agency in this regard, we had to answer questions about the possibility of using regrams and other material posted by users on social media. The Polish regulation on the so-called fair use is not clear, especially in the context of commercial activities such as reposting customer or influencer content. Therefore, our support consisted in the development of recommendations and the creation of internal guidelines for the designation of authors and sources of materials in a manner consistent with copyright laws. In doing so, we have built a secure legal framework that allows the agency to operate in accordance with the law, but without limiting its creative possibilities.

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Image protection and the right to privacy

The 2increatives agency carries out numerous photo shoots and advertising campaigns, often in public areas, which requires additional consideration of aspects of protecting the image of third parties. Due to various situations, we have developed procedures and models of consent for the dissemination of the image, which 2increatives can use in their projects. This applies to both individual portraits and collective photographs that are part of the campaign. For sessions conducted in public places, a special approach to consents was also necessary - especially for people appearing accidentally in shots.

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Principles of cooperation in the B2B model and aspects of compliance

Creative agencies, including 2increatives, are increasingly working with freelancers and subcontractors on the basis of B2B contracts, which requires taking into account specific provisions related to liability, confidentiality and ZUS. In the course of our cooperation, we have developed a number of contract templates for 2increatives, which clearly regulate the obligations and rights of the parties, issues related to confidentiality and avoid the risk of the contract being challenged by the Social Insurance Institution, which is especially important in the creative industry. We have made sure that these contracts comply with the provisions of labor and social security laws, minimizing financial risks for 2increatives, especially in the face of tightened ZUS control over civil law contracts.

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Care for the protection of personal data in accordance with the GDPR

The creative industry, especially in the area of digital marketing, processes significant amounts of personal data. In supporting 2increatives, we have taken care to adapt the privacy policies and other documents required by the GDPR, taking into account the specific needs of the agency in terms of obtaining consents to the processing of customer data, influencers and third parties and other legal bases for processing.

Thanks to properly structured agreements, policies and guidelines on intellectual property in particular, agencies can make laws with greater certainty, which translates into greater stability and predictability of creative activities. Particular attention should be paid to:

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1. Careful design of license agreements and copyright transfer agreements that allow flexible management of content rights.
2. Inclusion in B2B contracts of confidentiality and compliance with ZUS regulations, which avoids the risk of sanctions.
3. Appropriate regulation of the rules of use of social media, taking into account the protection of copyright and the guidelines of the respective platforms.