Social Media Influencers - Social Media Attorneys in NYC

Social Media Influencers

The influencer landscape is constantly changing, as different platforms emerge and the government cracks down on monitoring and regulating those who make a living online.  Our job is to take care of the legal aspects, so you can focus your energy on the creative side of your business.

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What do you do when your online hobby has suddenly turned into a business, and you’re being offered the chance to sample and promote products?  It can be tough to navigate your legal responsibilities as an influencer when it seems like those obligations are always shifting.

That’s why it’s important to stay informed.  The Federal Trade Commission periodically updates their guidelines and regulations to help influencers stay within the boundaries of the law when crafting their testimonials.

The FTC has plenty of resources to help influencers comply, but the key thing to remember is that disclosures are essential.  You should let your audience know your relationship to the brand or product in a way that is clearly visible and easy to understand.  Remember that the obligation is on you, not the brand or agency who hired you.  When in doubt, consult the FTC or an experienced attorney.

Of course, legal compliance is only one piece of the puzzle.  When negotiating an agreement with a brand or agency, you should start by asking yourself the following questions:

– How am I getting paid?

– How is my content approved?

– Do I retain ownership over my content?

– How long can the brand use my content?

– Are there exclusivity restrictions that I should be mindful of?

Lastly, make sure you understand the language of the agreement before signing on the dotted line.

We provide guidance on the following:

– Influencer Services Agreements;

– Sponsorship Agreements;

– Multi-Channel Network (MCN) Agreements;

– Counseling on FTC compliance; and

– Negotiating standard protections for influencers and their content.

Keep in mind that each situation will likely have its unique challenges.  We take the practical approach when counseling influencers and understand the nature of the industry.  Let us handle the legalese so you can focus on creating great content.

 

Photo by Georgia de Lotz on Unsplash

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