Influencer Marketing Lawyer

An Influencer Lawyer Helping Brands & Influencers

Maximize The Potential Present In Influencer Marketing

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With the proliferation of social media and the emergence of influencers with sizeable and intensely loyal followings, creators and brands alike have seen mutually beneficial opportunities in the realm of influencer marketing campaigns, and competition in the space is increasingly heating up. One of the core drivers of the billions of dollars poured into influence marketing revolves around the potential for significantly outsized positive returns compared to traditional PPC or other digital efforts for brands ranging from those in e-commerce to healthcare. In addition to brands leveraging influencer marketing, political campaigns are getting in on the action, too, though the compliance obligations in this context are less clearly defined.

Further, with the increasing regulatory privacy constraints, such as the GDPR and CPRA, and technical restrictions being put on targeted advertising, such as Apple’s App Tracking Transparency (ATT), native advertising strategies, such as influencer marketing, are playing a more prominent role. There are also more general best practices and strategies to ensure that campaigns with influencers do not suffer from bad press, as illustrated in the controversy concerning wording in an agreement with influencers promoting Google’s Pixel 9 phone.

Enforcement by regulators, as well as associated guidance such as from the Federal Trade Commission (FTC), aimed at ensuring compliance from influencers and brands alike as well as litigation in the space, include the following:

• National Advertising Division Targets Celebrity, Influencer, and Third-Party Marketing in Recent Decisions: The National Advertising Division (NAD) recently issued decisions addressing influencer and third-party marketing. NAD found that NuOrganic failed to disclose its relationship with a teen influencer making claims about its eyelash serum. Additionally, NAD held Bullfrog responsible for inaccurate claims made by its third-party dealers, despite Bullfrog’s efforts to address the issue. Read More →
• FTC Fines Car Companies $10 Million Calling Out Influencers and Endorsers: This summer, the Federal Trade Commission (FTC) has turned up the heat on two companies that provide extended car repair coverage, CarShield and American Auto Shields, for deceptive and misleading advertising and telemarketing activities. The agency also named and shamed certain celebrity influencers and professional athletes for endorsing false statements in their advertisements. Read More →
• Can You Copyright a Vibe? One influencer is suing another, accusing her of copying her minimalist aesthetic on social media. It turns out there is a lot of gray area in shades of beige. Read More →
• ‘Biggest Influencer Scam of All Time’?: PayPal Accused of Poaching Commissions Via Its ‘Honey’ Browser Extension: Fintech platform PayPal was hit with a proposed class action for allegedly replacing affiliate links indicating that YouTube influencers have driven sales of a product or service with links crediting Honey, a browser extension owned by PayPal that applies coupon codes on e-commerce websites. Read More →

Beyond compliance with laws, successful influencer marketing campaigns between brands and influencers have key clauses and scenarios accounted for in their contractual agreements, including but not limited to the following:

• Scope of Work: Detailed description of deliverables, content types, platforms, and timelines.
• Compensation: Payment terms, amounts, schedules, and any performance-based incentives.
• Intellectual Property Rights: Ownership and usage rights for created content.
• Approval Process: Guidelines for content review and approval before publication.
• FTC and Other Compliance: Requirements for proper disclosure of sponsored content.
• Exclusivity: Restrictions on working with competing brands during the campaign period.
• Confidentiality: Protection of sensitive information shared during the collaboration.
• Termination Conditions: Circumstances and procedures for ending the agreement early.
• Morality Clause: Provisions allowing termination due to influencer misconduct or reputation damage.
• Content Distribution: Specific requirements for posting and promoting content across platforms.
• Performance Metrics: Agreed-upon KPIs and reporting requirements.
• Revisions and Edits: Process for requesting and implementing content changes.
• Usage Rights: Terms for the brand’s use of the influencer’s content, image, or likeness beyond the initial campaign.
• Cancellation Fees: Whether compensation is owed if either party cancels the agreement prematurely.

At RICHT, we are influencer lawyers helping clients on both the brand and creator sides capitalize on mutually beneficial opportunities and avoid legal risks present in influencer marketing campaigns. Our experience and ability to fuse business know-how with legal acumen allow us to bring a unique perspective focused on adding value that meaningfully moves the needle. Our core focus areas in our influencer marketing practice include contract drafting and negotiation, FTC disclosure compliance, regulatory advisory, and dispute resolution between brands and creators, among other advertising compliance.

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Influencer Marketing Law Services We Offer

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Clients We Serve

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