This is the second part of the two-part series on working with influencers! In this post, we take a closer look at intellectual property and how it applies to influencer agreements. There are several types of contracts used in influencer relationships, the most common being Service Agreements. In this scenario, the influencer’s work and content is considered the “service.” We’ll outline some of the core elements to consider when drafting these agreements and offer practical guidance for managing influencer collaborations.
First, several key factors should be included in a service agreement. These factors help establish a relationship between the influencer and the attorney. At a minimum, an agreement should outline the description of services, approval rights, and intellectual property terms. It should also address the right to monitor the influencer’s compliance with the agreement, as well as clear terms around termination, indemnification, content removal, and compensation. Including these provisions up front can prevent misunderstandings and reduce the risk of disputes down the line.
It’s also important to include specific intellectual property guidelines that clarify what the influencer can and cannot include in their content. Posts should be entirely original, and influencers should avoid using any third-party intellectual property, such as copyrighted music, images, or artwork, without obtaining proper permissions. The agreement should also outline how the brand’s trademarks and logos may be used, ensuring they are presented appropriately and in line with brand standards. Another key point is determining whether the brand will own the content or simply receive a license to use it for defined purposes. The contract should also address whether the brand can use the influencer’s name, image, or likeness in future marketing efforts.
Finally, we know that it makes the contract or agreement seem long, but it is still so important to include what we call boilerplate clauses. These clauses can include Notice provisions, Governing Law provisions, Dispute resolution provisions, Amendment provisions, Attorney Fee provisions in the event of a dispute, and so much more. That’s why it’s ideal to have a good business attorney in your corner to help build a solid Services Agreement. The most basic and little things can really matter!
In conclusion, influencer partnerships can provide amazing opportunities for brand recognition and company growth. However, they require meticulous planning and clear legal guidelines. By including conditions such as intellectual property rights, content expectations, and usage rights, as well as dispute resolution terms, and really any terms the parties feel passionate about, brands and influencers can form strong, long-lasting partnerships. A well-formed agreement can protect both parties and help lay a strong foundation for future endeavors. It’s always a good idea to discuss such agreements with your legal counsel so they can help ensure your specific needs are met. So, make sure to check with your legal team before moving forward with any influencer agreements! Don’t have a legal team? Give us a call!
Need help drafting agreements or making sure your campaign checks all the legal boxes? Call Harbour Business Law—we’ll help you get it right from the start.
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Don’t have a business attorney? Get in touch with our team by emailing Info@harbourbusinesslaw.com.
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This Blog was written by the Harbour Business Law Team Member, Amber Ewald.
DISCLAIMER: This blog is for educational purposes only and does not offer nor substitute legal advice. This blog does not establish an attorney-client relationship and is not for advertising or solicitation purposes. Any of the content contained herein shall not be used to make any decision without first consulting an attorney. The hiring of an attorney is an important decision not to be based on advertisements or blogs. Harbour Business Law expressly disclaims any and all liability in regard to any actions, or lack thereof, based on any contents of this blog.
