Influencers are public figures, through their active presence on social media and an engaged community, they have gained the ability to influence the purchasing decisions or opinions of their audience. They are primarily active on platforms like Instagram, YouTube, TikTok or Snapchat.
Roles of Influencers:
Brands typically engage influencers for several reasons:
- To promote their products or services in a natural way
- To increase their visibility among a targeted and qualified audience
- To create engagement with consumers and generate buzz around their products
- To develop their brand image and strengthen their positioning.
Influencers and intellectual property:
The content created by influencers is protected by copyright. This means that the influencer is the only one who can authorize the reproduction, distribution or modification of their content.
Therefore:
- Brands must obtain the influencer’s permission before using their content.
- A written contract is necessary to define the rights and obligations of each party.
- Influencers must also respect the intellectual property rights of brands.
Examples of collaborations with influencers:
- Product placement: The influencer naturally integrates the product into their content.
- Sharing a link to the advertiser’s site: Affiliate marketing allows the influencer to receive a commission for each sale generated through their link.
- Creating exclusive content for the brand: The influencer produces specific content for the brand’s social media accounts, but with their personal touch.
- Product testing: The brand sends its product to an influencer for them to test and share their experience, whether positive or not, with their community.
- Brand ambassador: In this type of collaboration, the brand establishes a long-term relationship with an influencer where both parties benefit.
Legal considerations:
The growth of this activity has brought new legal challenges. Influencers must be transparent and state when content is sponsored. Additionally, they must comply with rules regarding the collection and use of their followers’ personal data (GDPR). Finally, it is important to remember that influencers are responsible for the content they share, so they must be careful not to commit defamation or engage in false advertising.
Brandon IP services
Brandon IP, within the Brandon Rezac group, offers a wide range of services to its clients that concern influencers. Among these services:
- Lawyers, with Rezac Law: validation of advertising campaigns, conflict management, etc.
- Protect and defend copyrights
- GDPR compliance advice
- Negotiation and drafting of intellectual property contracts