Ecommerce lawyer's guidance for employing influencers

A specialist ecommerce lawyer is warning firms to take care when employing influencers for marketing campaigns.

It comes as the Advertising Standards Agency (ASA) publishes a list of “non compliant” influencers, who have breached the CAP Code for routinely failing to disclose when they are advertising on their social channels.

Manchester-based Lauren McKee of LegalVision explained that businesses, particularly SMEs needed to consider the legal obligations of employing an influencer.

“From content ownership to misleading conduct, there are a host of factors to consider when working with influencers,” she said.

“It may seem complicated at the outset, but having the correct legal guidance in place will ensure any campaigns run smoothly and that all parties are protected.”

Influence Agreement

When bringing in an influencer, McKee said you needed to be “specific about what services you are expecting from them.”

That’s best done through an Influencer Agreement contract, which covers what type of content you need them to create; how much; when it needs to be published and where. You’ll also set out whether you need to approve posts and if any relationship with your brand is exclusive.It’s here where you’ll also set out payment terms.“Since any influencer you engage is going to be representing your brand and their activity will affect your reputation, it is also a good idea for your Influencer Agreement to include assurances about how they will represent you,” added McKee.“This could include keeping their content tasteful, not copying content from others and agreeing to follow your reasonable instructions.” Content ownership “Complying with copyright laws is a vital aspect of influencer marketing. This protects the expression of ideas, including creative outputs on social media and other platforms,” explained McKee.“The influencer owns whatever they create for your brand unless you have it assigned to you in your Influencer Agreement.”She said that any […]

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