Collaborating With Social Media Influencers
As a business proprietor, you might be contemplating the use of social media to boost your brand's engagement and outreach. Collaborating with social media influencers is one effective approach to achieve this. These influencers are individuals who have gained substantial followings across different social media platforms and are trusted by their audience for their opinions on various topics.
Social media influencers often specialize in particular niches and concentrate their efforts on one or two platforms. Given the nature of popular social media sites like Instagram, Facebook, Snapchat, YouTube, and Twitter, it's crucial to be aware of the legal concerns that might arise throughout the collaboration. If you plan to work with a social media influencer, keep these three essential aspects in mind.
Establish a written agreement. While social media collaborations may seem informal, partnering with an influencer has significant legal ramifications and should be governed by a written contract. Your agreement should identify the influencer as an independent contractor and explicitly outline the expectations of both parties. Like any other contract, it's crucial to specify compensation, important dates, conflicts of interest, and any restrictions applied to the agreement.
Safeguard your intellectual property. Copyright and trademark infringement is a common issue faced by social media influencers. To captivate and engage their audience, some influencers might use content from others without obtaining the necessary permissions or giving appropriate credit. In such cases, the influencer could be held accountable for using someone else's work. Furthermore, both parties should clarify who owns the copyrights and trademarks for any work produced in association with the agreement. For instance, if an influencer is photographed with a brand's product, both parties should agree on who holds the copyright and define the scope of any licensing agreement for the copyright in question.
Adhere to FTC guidelines. The Federal Trade Commission (FTC) safeguards consumers from unscrupulous business practices and oversees how social media influencers promote products or services. When collaborating with influencers, ensure that all necessary disclosures are made. For example, if an influencer posts about your product, they should use terms like "#sponsored" or "#ad" to inform consumers about the paid partnership. The FTC also has requirements for the placement and size of disclosures. Moreover, the FTC regulates false or misleading statements in social media content. Business owners should verify that content posted on their brand's behalf is free from any false or misleading information that could lead to defamation lawsuits, deceptive trade practices lawsuits, and other legal issues.
How We Can Assist
If you're thinking about partnering with social media influencers, it's crucial to lay the groundwork for a successful collaboration by taking the appropriate steps. Contact our office to schedule a consultation with a knowledgeable business attorney who can help you adhere to regulations and navigate any potential legal challenges that may arise.
This article is brought to you by the Law Firm of Shandell C. George, PLLC. Our commitment extends beyond simply drafting documents; we are dedicated to helping you make well-informed and empowered decisions concerning your business and personal life.