Influencers are increasingly replacing traditional advertising. With the increasing importance of influencers in marketing, not only are the advertising budgets that customers invest in this form of advertising increasing, but so is the need to structure the collaboration in a professional and profitable way for all parties. We advise influencers, agencies and advertisers on all questions that arise in the areas of law and marketing.
Overview of Influencer Law
To put it bluntly, influencer law deals with the rules and laws that apply to influencers, i.e. people who have a large number of followers on social media platforms and thus exert influence on other people. These rules and laws are important to ensure that influencers create and distribute their content responsibly and legally.
There is no law that applies specifically to influencers. Rather, it is a cross-sectional issue in which very different questions must be taken into account depending on the problem and issue. Lawyers who advise influencers must be familiar with copyright law, media law, trademark law and competition law. And with regard to the relationship between influencers, agencies and advertising clients, general contract law and licensing contract law are also important.
Agency agreements and cooperation agreements
There are a few important points to consider, both in agency contracts between the influencer and his agency, and in cooperation contracts that the agency concludes with advertising clients on behalf of the influencer. This is not only about ensuring a fair and balanced contract as the basis for successful cooperation, but also about regulating contentious points in advance so that disputes do not arise in the first place.
Important contract contents include:
- Determination of the reach of the influencer’s publications
- Number and frequency of the influencer’s publications
- Regulation of exclusivity between agency, advertising client and influencer
- Clear definition of usage rights
- Regulation of the prevention of the influencer
- Agency’s duty to cooperate
- Rights of termination
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