SÃO PAULO, December 10, 2001
CENP – Conselho Executivo das Normas-Padrão, aiming at making the compensation of Advertising Agencies clear with respect to “standard agency discount” when the “bartering” activity between Advertiser and Media occurs, having Advertising Agencies taking part or not in the negotiation, states the following:
Considering that Advertising Agency compensation related to insertions comes from both the mediation of these Agencies with Media acting on behalf and for its Client-Advertiser and from the copyright of advertising spots created for insertions;
Considering that no advertising work may be inserted without the authorization of the Advertising Agency responsible for its creation allowing it to be taken to the public and without it being not compensated in the terms governed in the article 9, item VIII, as in Federal Law 9.610/98 (Copyright Law), as well as that in item 13 from the Code of Ethics of Advertising Professionals, incorporated to the legal system by article 17 from Federal Law 4.680/65, as “every professional advertising work is entitled to compensation based on that settled, prevailing in its absence the common fees for similar work”;
Considering that in negotiations for insertions through bartering contract, payment of insertions shall be made through other forms, that is not money;
The following is recommended and stated:
Note: The following text was freely translated into English and is valid for all legal purposes the original version in Portuguese.