Influencers
Influencers have changed the way we interact on the Internet, how we find and purchase new products and services, and how we consume media. Influencers can sway opinion and have a lot of cultural impact and especially through social media. However, to be a successful influencer, it takes far more than just a social media handle and a sparkling personality. There are a litany of legal rights and agreements that can be crucial in an influencer’s career. These can include copyrights, trademarks, service agreements, sponsorship and endorsement deals, music rights, and federally mandated disclosure requirements. The experienced lawyers at Creative Law Network are experts in this field!
What Can a Lawyer do For You?
As lawyers specializing in the issues influencers face every day, we help our clients with contracts, protecting their work, name, and rights, sponsorships and endorsements, general business law, and making sure proper disclosures are present to stay on the right side of the law. This includes drafting, negotiating, and reviewing all sorts of contracts like services agreements, work for hire agreements, commission agreements, sponsorship and endorsement agreements, and licensing agreements. It includes protecting copyrights of photographs, videos, music, and blogs, and trademark protection of names and logos. It means maximizing our clients’ rights and revenue. And it means providing guidance on the ins and outs of successfully growing your influencer business and outreach. Essentially, we are here to handle the business and legal stuff so you can connect with the masses! Please reach out to us at Creative Law Network if you have any questions. We’re here to help!
Legal Checklist:
As more and more of our life is integrated into the Internet and social media, we often look to influencers for information, recommendations, entertainment, and sometimes just a break from reality. Influencers deftly navigate the chaos of social media and have created an enormously successful new business and marketing niche. However, a lot more goes into an influencer’s career than a smartphone and a smile. There are so many details and behind-the-scenes items that make for a successful influencer career. Making sure these things are in order and done correctly can set you apart and put you on a path to success. So we’ve put together this basic legal checklist for influencers. This list isn’t exhaustive or in any particular order, and not every item is relevant to every person. It can be a guide to keep you on your toes as you build a career as an influencer.
Keep track of your content, including detailed lists of your photographs, videos, and blogs, as well as back-ups. Knowing when a work was created can help if anyone infringes your rights.
Registering the copyrights in your photos, videos, and blog is a really important step! (Look here for more about copyrights.) Registrations protect the work you own and can be important when licensing these works to companies or sponsors. A registration is the best proof of ownership of your content.
If you’re working with other creators or crew, figure out who owns what! Copyright law says that if someone contributes to your work, they are a co-owner unless they say otherwise in writing. A Work for Hire Agreement is one way to retain full ownership in the copyright of your work.
An influencer’s life is on the Internet and your activities can be strictly controlled by the platform you use. It’s important to understand the terms of use and license agreements on these websites! Understanding what the website offers, and what it may take from you, is really important when it comes to the control of your work and business.
If you’re shooting, filming, or streaming in buildings or locations not owned by you, location releases and/or permits may be necessary to ensure you have the rights to be present in that location and capture that location in photographs or on film.
Any time you are photographing or filming people, it is important to have proper releases and documentation from everyone involved. This can protect you from liability and secure the ownership of your work. This is especially important if you are filming or photographing minors, as you’ll need a parent or guardian to sign as well.
If you are using music in a video, it is important to have all the necessary rights to include and sync that music. Music rights can be very complex but don’t need to be a dealbreaker!
If you are running a contest, sweepstake, or giveaway, make sure you understand the law around these contests! There are a variety of specific and stringent laws and regulations that govern contests and giveaways on the Internet. In addition, social media platforms and websites have their own rules about contests. Knowing the right way to operate a content, and having proper rules and guidelines in place, can protect you from legal liability.
If you operate under a business or trade name or use a pseudonym, that name is a trademark and should be protected. Federal trademark registration is the best protection for your business/trade name, pseudonym, and/or logo. (Look here for more about trademarks.)
Forming a company (like a limited liability company (LLC) or corporation) is a useful tool to run your business and protect you from personal liability. This can be crucial when you are entering into agreements with companies or sponsors. (Look here for more about business formation.)
Disclosures! The Federal Trade Commission (FTC) requires certain disclosures on social media posts if they are advertisements or endorsements. Rules require certain statements when you are endorsing a product, even if you aren’t being paid by a company for that endorsement! The FTC also requires truth in advertising. It’s crucial to understand and comply with these rules and regulations.
CONTRACTS! While contracts may not be fun, they lay out the necessary terms for any deal. Getting solid contracts in place is crucial and can help avoid legal problems in the future. A good agreement for your services is absolutely vital. It covers how you’re paid, ownership, deliverables, liability, and so much more. Creative Law Network can draft the agreement to suit how you do business, not the other way around!
If you need any help with anything listed above, please reach out to us at Creative Law Network!