Legal Tips for Influencers and Content Creators
Are you living the influencer life or working to become a content creator with brand partnerships? No matter where you are in the process of building your brand OR how invested you are in a career as an influencer/creator, you need to consider the legal side of this gig before there’s trouble, not after.
Too many influencers and content creators—and the businesses they partner with—overlook legal issues, and they’re taking a big risk in doing so. In one example of how things can go wrong, Warner Music recently sued a skincare company in London because the music playing in the background of their influencers’ social media videos was copyrighted, and the company was using these videos as advertising.
So if you were today years old when you found out you can’t use the latest trending sounds or songs in your TikTok video promoting a product or brand without violating copyright … you aren’t alone. But now that you DO know, you may be wondering what else you’re missing.
Here are some other tips to help keep yourself and your business/brand safe in the legal sense.
Top Legal Tips for Brand Partnerships
If you’re an influencer or content creator working with brands, or if you aspire to be one, don’t sleep on this list.
Require a contract. Contracts protect both parties, and if there’s ever a dispute between you and the brand you’re partnering with, the contract will help settle it. If there’s no contract, you’re just trusting that you’ll be treated fairly. If that doesn’t make you feel uncomfortable, it should.
Know thy contract. Always make sure you understand what you’re signing. (Have a lawyer review it, if necessary!) Things to look out for in a brand partnership contract include:
Ownership vs. licensing your content AND the time period. If you see the word “perpetuity”, that means forever, and you may want to charge an extra fee or negotiate for a more specific time period.
Whitelisting (aka, the brand using your content in ads). If a brand wants to use your content in ads, this may influence what you charge them. Again, look for a time period.
Exclusivity. Can you promote similar brands, or does the brand you’re partnering with want exclusivity? Think carefully if they want exclusivity, because it could limit future opportunities.
Payment terms. Know when and how you’ll be paid. It’s just better when this is in writing.
Negotiate. Contracts are not supposed to be one-sided; they’re supposed to represent the interests of BOTH parties. If the terms are unfavorable and a brand won’t negotiate, you may want to pass.
Know the legal rules for any content you’re providing or posting. For instance, read up on:
Ad disclosures. FTC rules require that social media influencers provide certain disclosures to help protect consumers.
Commercial sounds. You CANNOT use someone else’s copyrighted material for commercial use. And yes, that includes music.
For even more detail on these four tips, check out our Instagram post.
In Conclusion …
Whether you’re just starting out as an influencer/content creator or you already have a million followers, it’s never too early or too late to get your legal ducks in a row when leveraging brand partnerships. Even if you’re a casual creator and not a career influencer, you too must consider the legal side of content creation. Take the time to do things right legally, and you’ll be able to sleep easier knowing you’re doing everything you can to keep your brand safe.
Contact Kelli to have your contract reviewed, or schedule a pick-my-legal brain call to get your questions answered.