Practical Law Influencer Agreement

Today, great content is essential for almost all types of marketing or campaigning – and creation can be both expensive and tedious. That`s why it`s important to make sure you can use the content exactly the way you want it to. While it`s tempting to rely on goodwill, you should be prepared to deal with situations where your relationship with a content creator changes or decreases, and your ideas about what you can do with their content might change. A formal licensing or transfer of ownership agreement is provided for this purpose. Negotiate what you need. If a contract offered does not have the appropriate user rights or if there is no agreement from which you can work, make sure that you make the content creator understand what you are looking for in terms of usage. Many different parameters need to be taken into account when scheduling user fees. It`s not just about getting an agreement that you can use the content. You must specify whether you have exclusive rights to the content or whether the creator can also grant it to others; how to use content (for print media, on social networks, on packaging, on your website); Where content is used geographically How long you can use the content and what, if any, changes or changes you can make to the content. You should have a formal agreement with every content creator you have with the presentation of the rights you have for the use of their content.

You need to consider rights for all types of content. Photography is one of the most obvious categories of content – whether it`s the photograph you order yourself or you receive from a stock-image website – but video, illustration and music also require rights. And if you`re hoping to use content that influencers create with your brand on your own channels, you should also negotiate user rights as part of any collaboration agreement. While the influencer`s headlines tend to focus on FTC investigations, the scope of the influencer law is much broader. Brands and influencers must be aware not only of FTC policies and contracts, but also of intellectual property rights, advertising rights and the correct assimilation of influencers as independent contractors in relation to employees.