Two Important Legal Considerations in Influencer Marketing

Once you’ve decided to work with an influencer and found the right way to tell your brand story through their authentic voice, you have to confirm the photo, the copy, and the timing of the post. The work doesn’t stop there, there are specific legal considerations in influencer marketing that influencers and brands should keep in mind.

1. Have A Clear Agreement About Content Ownership

One other element that is crucial to consider is ownership of the content. Just because you paid for a post to go up on an influencer’s Instagram account, doesn’t mean you can repurpose that content for your own marketing needs.

This factor should be outlined, in full, in your official agreement with the influencer. “We know it’s important to brands that they own and can reuse and repurpose the content produced,” says Adam Rivietz, “It’s why we’ve done all of the legal consideration work to ensure that brands have all of the rights to the content influencers create.”

2. Mandatory Disclosures That Content Is Sponsored In Accordance With The FTC

The other thing you must keep in mind is the importance of FTC Disclosures, whether content was sponsored with gifted goods or paid monetarily. At #paid, we want to make sure that the brands and agencies we work with are protected from any potential legal consideration risks when working with influencers – it’s one of the reasons we named our company after one of the five different mandatory disclosures suggested by the FTC for sponsored content.

Maxime echoes this sentiment. She agrees that, when done effectively, disclosing when content is sponsored doesn’t hurt a campaign and can actually improve the audience’s perception of both the brand and the influencer. “On my page, whether it’s with #paid at the end or saying ‘Happy to be collaborating with,’ or tagging the brand…I think it’s important to let my followers know that I am being sponsored by this brand,” she says. “I did a campaign with Nike about two months ago and my followers loved it. They like to see me associated with a brand that’s already cool…as long it’s done in a transparent way.”