So how can influencers benefit from hiring a social media lawyer? Well as social media evolves, so does the life of influencers. As of the mid-2010s, becoming a full-time influencer became an acceptable, and sought-after, job. The duties of an influencer range far and wide, but one of the most important is prioritizing the production of quality content that resonates with your followers. However, not many influencers realize that there is a legal side to content creation and that the wider your reach is, the more susceptible you are to legal issues.
Fortunately, you can rely on the services of a social media lawyer. A social media lawyer understands the unique challenges that arise as a result of the increasing popularity of an influencer and can help you mitigate the legal risks to your brand as well as how to deal with cancel culture and combat cyberbullying. Below are some additional ways a social media lawyer can help you protect your personal brand as well as legal advice for influencers.
Before you enter any endorsement agreement, you should ensure there is a contract in place that clearly outlines expectations from the get-go. Social media influencer contracts are a common part of being an influencer. If you’re popular on Instagram, you’ve probably been offered some type of Instagram influencer contract, however it’s important to remember that contracts should speak to the use of your name and likeness. The same goes for any type of YouTube influencer contract.
You want to be sure that the company is not using your brand and reputation any way they please. As it pertains to sponsored posts, the contracts must dictate whether the company will provide the products and basic content or if it is up to you. In some instances, it may be a collaboration. The documents may also cover aspects such as deliverables, exclusivity and non-compete, termination rights, and compensation.
A social media attorney can help you draft or review endorsement agreements to ensure the terms are favorable. Additionally, they will explain the legal jargon so that you can fully understand what you’re getting into.
Did you know that your videos, posts, blogs, and other online content qualify as protectable intellectual property? As a social media lawyer, some of the most common influencer legal advice we give is to trademark your brand! A social media attorney will help you to trademark your original hashtags, logos, etc. They will also secure copyright protection for your photos, videos, written text, music, artwork, dance moves, and so on.
Copyrights will protect your content from being used without your permission, while trademarks can prevent others from using your brand in false advertisements and other forms of deception.
The Federal Trade Commission (FTC) requires that all influencers must clearly reveal their relationships with brands within their posts.
You can bet on your social media attorney to keep you on the straight and narrow where this is concerned. Their aim is to ensure that you are in no way participating in false advertising, especially since some advertising laws are so nuanced that many forget about them which can lead to lengthy legal battles. This is why it is critical to hire an influencer marketing lawyer.
Your attorney will remind you that your endorsement of a product or service must reflect your honest opinion and that you cannot make any claims that the marketer of the product could not legally make.
How Can a Social Media Lawyer Help with Product Liability Claims?
Influencers face the risk of being sued by consumers for promoting products that turn out to be faulty or harmful. A social media lawyer will advise you to reduce the risk by testing the product before endorsing it.
Additionally, they will ensure that you sign “Agreements of Understanding” as well as “Release, Hold Harmless and Indemnity Agreements” before allowing your name or brand to be associated with a product or service. These may absolve you of liabilities.
Social Media Attorneys at RM Warner Law
With influence comes wealth, notoriety, responsibility, and, unfortunately, liability.
As social media attorneys, we want to take care of your legal issues so that you can focus on the creative side of your business. We will use our expertise in social media law to guide you as you inform and entertain your followers.