Here at Rodriques Law, PLLC, we provide legal advice for content creators. If you share your adventures, talents, or hobbies on TikTok, YouTube, Instagram, or Facebook and have a large following or monetize your videos, corporations may want you to partner with them. Influencers who build reputations on social media find that thousands, sometimes hundreds of thousands, of fans want to emulate them. Corporations know that linking their brands to an influencer is profitable.
If you are an influencer and are asked to endorse a brand, a skilled talent attorney could ensure you follow all the rules of your partnership agreement. For instance, if the brand does not disclose that you endorse it, you are required to do so under Federal Trade Commission (FTC) rules. To better understand your obligations and the legal issues for endorsing a product, contact a New York City social media influencer lawyer.
The FTC has adopted regulations concerning endorsements. Influencers are required to disclose any relationships they have with a brand they endorse or even like, tag, or pin online, such as whether they are a paid spokesperson, employed by the company, or related to an executive or brand owner. Influencers must also disclose whether the brand owner is providing free products or services.
Influencers are not permitted to lie about trying a product and liking it. They also cannot claim a product performs a certain way if that statement is unsubstantiated.
Disclosures inform influencers’ audience about the relationship between the influencer and the brand. The FTC requires the disclosure to be:
Because the relationship between the influencer and brand benefits both parties, our attorneys advise that it be memorialized in a contract called an Influencer Services Agreement.
The Influencer Services Agreement details what the influencer will do, such as endorse products, speak at industry events, review products, and give them away in contests they conduct. In addition to what services the influencer will provide, standard language in the contract details how they will be paid, and when the agreement will terminate. It should also specify exclusivity and who retains ownership of the intellectual property rights in the materials and videos created by the Influencer.
Sponsorship agreements give a company the right to use a celebrity influencer’s name, likeness, image, and reputation to promote its brand, such as in commercials and public appearances. A New York City social medial influencer attorney can draft or review an agreement that protects an influencer’s rights. Our business and entertainment attorneys provide legal protection for social media influencers in brand deals.
Influencers create content for companies that hire them to promote their products. Copyright law usually recognizes the creator as the owner of the work. However, if the work is commissioned and both parties agree in writing that the influencer’s work is a work made for hire, the company promoting the brand may own the rights. A New York City social media influencer contract lawyer can review offers, draft contracts, and protect clients from unfavorable terms.
When you are a sensation on social media, your creativity deserves to be showcased, monetized, and shared widely. You can earn money and influence followers when companies hire you to endorse their products.
However, you need to protect yourself because the FTC has rules in place for how your influence works. You cannot lie about a product and must disclose your relationship with the company. Contracts are necessary and terms precise. Before you agree to a relationship with a company, schedule a consultation with a New York City social media influencer lawyer at Rodriques Law, PLLC.
Secure your rights and ensure compliance with FTC regulations. Contact Donovan Rodriques for a consultation today.
