What to Know About Influencer Contracts.

Photo by @mediamodifier.

Influencers are people who create a fan base or followers by regularly communicating to the public or performing publicly. The more well-known the influencer becomes, the bigger the fan base or following grows.  Although we mostly hear about social media influencers, influencers can be scholars, athletes, politicians, actors, etc.  An influencer can “influence” their fan base or followers based on their publicly stated opinions, “likes,” attire, equipment, etc. Some social media influencers have millions of followers, making them a prime advertising target for product or service brands. As such, agreements between influencers and brands need to be as concise and understandable in their terms as would exist in any other type of performance contract.  For purposes of this blog post we will be focusing on social media influencer contracts.

Most performance agreements include clauses regarding consideration (what valuable thing/service in exchange for what valuable thing/service).  In influencer agreements the contracts often have language where a brand requires a certain number of published posts on the influencer’s social media platform featuring the brand and content about the brand within a certain period of time. In exchange, the brand agrees to pay the influencer according to an agreed upon payment scheme.  As in all performance contracts there will be a clause about what constitutes a breach and the remedies. There most likely will also be a clause regarding an influencer not negatively affecting the reputation of the brand whether in posts or in conduct separate from the platform.

A particular area to note in the social media influencer contract are clauses regarding intellectual property rights, federal regulations, and state-specific laws regulating specific content in advertising. Pay particular attention to who the contract says is the owner of the content, the brand or the influencer.   It should clearly state whether the influencer is waiving any rights, and/or licensing the use of the content, and if so, for how long and within what geographic area. It should further clearly state whether the brand has the influencer’s permission to use the influencer’s NIL (name, image and likeness) during and after the term period of the contract and in what manner.

There are many more details to look for, and to request, in an influencer agreement.  Make sure you consult with an attorney to review any offer before verbally agreeing to anything and before signing anything.

#influencers #socialmediainfluencers #endorsements #intellectualproperty #copyright #brandmanagment #brandprotection #brandmarketing #trademarks

You Are Your Best Protection Against Exploitation.

Photo by Mika Baumeister https://unsplash.com/@kommumikation

As creatives in any of the entertainment industries, there’s always a desire make it big, no matter how long it takes, no matter how difficult the journey, and no matter how resilient you have to be after rejection. There is nothing wrong with that. Unfortunately, there are always some in power that looking to exploit that desire just because they feel they can get away with it.

If you’ve been paying attention to entertainment news over the past decade, you’ve been hearing about numerous victims of predatory entertainment industry bigwigs. The victimization has ranged from threats to blackball careers for not complying with sexual favors; involuntary drugging; sexual, mental and emotional abuse; threats of violence to creatives, their friends and families; to theft of services; theft of royalties; etc. They use their power, success, and connections to control, abuse and retaliate against creatives who refuse their advances, or refuse to be taken advantage of.

First and foremost, no job or career opportunity is worth losing your soul and self-respect over.  Do not disregard your gut feelings.

BEFORE YOU AGREE TO A MEETING: If you are offered an opportunity to meet with an executive or other person in power about your creative skills and services, get all the details and do your research. Research the company, research the individual(s), Google search for any past negative news stories like past or pending legal cases, reputations, and any financial hardships.

PRIOR TO THE MEETING: If you’ve done your research, and feel comfortable about meeting the individual(s), get specific details beforehand about who all is expected to attend the meeting, the time, the place, how long the meeting is expected to last, and whether you will need to sign any documents. If there are any sudden changes in locations or times, ask why there is a change and reiterate the expected purpose and time the meeting will last. Either take an agent, manager, or trusted friend or family member with you to the meeting. If that is not possible, give someone the specific information and how long you anticipate the meeting to last. If you feel any trepidation or red flag, do not go to the meeting. There will be other opportunities that will feel right.

DURING THE MEETING: If you have researched the participants and feel good about proceeding with the meeting, make sure you take notes during the meeting. Make notes about what is being offered to you and in exchange for what. If you are not clear about anything, ask, and then make note of the response. Make notes of documents you have been given to review and sign. DO NOT sign anything without taking time to review it on your own, and making sure you understand every word and sentiment of the document. Do not be pressured into signing anything on the spot. Do not be pressured into drinking or eating anything. If you see anything that does not feel right, leave immediately. If anyone touches you without your prior consent, leave immediately. If you experience any red flag moments, leave immediately. This is not the dream opportunity you have been waiting for.

AFTER THE MEETING: Collect your notes from the meeting and summarize your thoughts about how you felt about the offer (pros and cons), how you felt about what would be required of you (what changes would you need to make in you daily/weekly/monthly schedule, other opportunities, competing offers, costs, what rights you have to relinquish, etc.), what deadlines you have for returning documents signed, and whether you need legal assistance in understanding what you are signing.  Be kind to yourself and treat your talent with respect. Remain professional at all times and expect the same from others.

#entertainmentindustry #filmindustry #publishing #musicindustry #entertainmentlaw #creativeagreements #artindustry