Social Media Influencer Attorneys

SOCIAL MEDIA INFLUENCER ATTORNEYS

It’s an exciting time when an online hobby turns into a profitable opportunity. Social media influencers who have built up a following and established a reputation are highly desired by a variety of businesses. Influencers are offered the chance to try and sample the business’s products in the hopes of a great review and a recommendation to their followers. 

The social media influencer field is constantly evolving with new media platforms popping up and new social media laws being enforced. The legal rules of engaging in these relationships (influencer & brand) can be complex and time consuming to manage. In an effort to avoid influencer legal issues, it is valuable to work with a lawyer who specializes in social media to create an influencer agreement. We represent influencers, marketing agencies and brands entering into influencer and endorsement relationships. 

What is an Influencer Agreement?

An influencer contract or social media management contract is the agreement between an influencer and the brand that wants to collaborate with this content creator. This service agreement sets the terms of engagement between the influencer and the brand. Terms of the contract can vary, but some of the most common provisions include:

1. Compensation
   • What pay, fee, or other compensation will the influencer receive?
   • When does the influencer get paid for a post, story, or other brand endorsements?
2. Required activities and deliverables of the influencer
   • How many posts, stories, or other content is required to be published by the influencer over what period of time and in what sequence?
   • What platforms will the influencer endorse the bard or product?  Typically platforms include Instagram, TikTok, Facebook, YouTube, Twitter, and websites.
   • Will the company or brand review and approve content created by the influencer prior to posting?
   • How will the success of these influencer endorsements be measured?
3. Exclusivity and non-compete
   • Are the influencers able to work with more than one brand at a time?
4. Content conditions & content usage
   • Can the brand repost the endorsement on the company’s social media platform, on the brand’s website, or for other use?
   • How often, language to include or exclude, approval requirements, and editing rights of the brand).
   • How else can the influencer’s content be used and whether can it be adapted?
5. Intellectual property rights
   • Content creators’ work is considered intellectual property.
   • Typically, the creator or influencer retains ownership of the copyright and licenses that copyright to the brand. 
6. Term of the agreement
   • How long is the social media contract active?

How can social media influencer attorneys help?

Social media attorneys can help mitigate the legal risks involved with influencers and brands, navigating the unique challenges that present themselves in this ever-growing social media landscape.

We help with social media legal issues like:

1. Drafting and negotiating influencer contracts and agreements
2. Defining and protecting your intellectual property and publicity rights
3. Trademark infringement, copyright infringement, DMCA take-down notices, infringement threat letters and IP protection
4. FTC compliance
5. Business  planning and brand strategy
6. Co-marketing agreements and contracts
7. Right of Publicity – Name, Image, and Likeness
8. Complex Litigation

Traverse Legal’s attorneys have been handling IP and internet issues since 1993.  Our Social Media Influencer attorneys know how to protect your brand, trademark, copyright, and name/likeness on the internet.  A social media attorney needs to understand more than how the policies and technology of YouTube, Instagram, Twitter, Snapchat, and Facebook can be used for monetization purposes.  An experienced influencer attorney understands intellectual property law, has litigated complex trademark, copyright, and publicity rights cases, and understands how to build and protect your brand on the internet.