The Legal Aspect of Collaborating with Social Media Influencers for Business

Many entrepreneurs utilize social media as a tool for boosting their business’s engagement and exposure. Partnering with social media influencers, for instance, is one method that can greatly help your business. 

Because social media influencers have a large following on social media and a great influence on people’s opinions, they can promote your brand to a wide audience. Many influencers have their own niche and focus mainly on one or two social media platforms, such as Facebook, Instagram, Twitter, YouTube, or Snapchat. Because of the dynamics of well-known social media sites, it is important to revise the legalities that arise throughout various phases of the partnership. 

Keep reading for some tips on collaborating with a social media influencer for your business. 

1. Draft an agreement.
   • Even though social media can seem casual, an agreement with a social media influencer should be established with a written contract to prevent critical lawful consequences. This agreement should identify the influencer as an independent contractor and describe the requirements that both parties must accomplish. Additionally, the agreement should include details regarding compensation, important dates, potential conflict(s) of interest, and probable restrictions enforced on the agreement. 
2. Protect your intellectual property.
   • Social media influencers often face copyright and trademark infringement issues while entertaining their audience because they utilize certain external content materials without requesting permission or giving credit to the original source. In this case, the influencer can be held accountable and get sued for using someone else’s work. Unless you were permitted to use the content, you do not have the right to, and it can be viewed as stealing someone else’s work. 
   • Thus, both parties in the agreement must determine the owner of the copyrights and trademarks for agreement-related work that is produced. If an influencer posts a picture with a product from a certain brand, for instance, both parties must agree regarding who is the owner of the copyright and the scope of the agreement must be determined to license the copyright involved. 
3. Comply with the Federal Trade Commission’s (FTC) rules.
   • Because the FTC shields customers from offensive business strategies, it keeps track of how social media influencers market different products or services. Thus, disclosures should be provided when utilizing the services of influencers. For example, a post where your product(s) is shown should include the word(s) “sponsored”, “ad”, or “sponsored ad” to inform customers that there is paid product placement. 
   • Also, there are requirements regarding the placement, such as the size of the disclosures. Because the FTC monitors the use of wrong or deceptive claims in social media posts, businesses must ensure that posts regarding their products or services do not contain inaccurate or deceiving information that may result in defamation, deceptive trade practice cases, or other harmful processes. 

Do You Want to Collaborate with a Social Media Influencer for your Business? We Can Help You

If you are interested in collaborating with a social media influencer for your business, you need the guidance and assistance of qualified and experienced business attorneys. 

At Jurado & Associates, P.A., we have the knowledge and expertise to help you make the best decisions for your business. Contact us today by phone at (305) 921-0976, by email at [email protected], or WhatsApp at +1 (305) 921-0976 .