Geoffrey Caesar, Solicitor

Influencer marketing is a booming industry that offers many opportunities for creative and entrepreneurial individuals. However, becoming an influencer is not as simple as posting a few photos or videos online. There are various legal issues that you need to consider when setting up your influencer business.

Protecting your brand and intellectual property

Your brand name, logo, slogan, and content are valuable assets that distinguish you from other influencers and attract your audience and potential sponsors. You should protect them from being copied, misused, or infringed by others. One way to do this is to register them as trademarks, which give you the exclusive right to use them in relation to your goods or services. You can search for existing trademarks on the Intellectual Property Office website and apply for registration online. You should also be careful not to infringe on the trademarks of others, as this could result in legal action against you.

Another way to protect your content is to use a license agreement, which specifies how others can use your content and under what conditions. For example, you can grant a license to a brand to use your content for a certain period of time, in a certain territory, and for a certain fee. You can also use a disclaimer to limit your liability for any damages or losses that may arise from the use of your content.

Choosing your business structure

Depending on your goals and preferences, you can set up your influencer business as a sole trader, a limited company, or a partnership. Each of these structures has different advantages, disadvantages, and legal implications. For example, as a sole trader, you have full control over your business, but you are also personally liable for any debts or claims. As a limited company, you have limited liability, but you also have more administrative and tax obligations. As a partnership, you can share the profits and risks with others, but you also have joint liability for the actions of your partners. You should research the pros and cons of each option and choose the one that suits your needs best. You may also need to register your business with Companies House or HMRC, depending on your structure.

Understanding your contracts

As an influencer, you will likely enter into various contracts with brands, agencies, platforms, and other parties. These contracts are legally binding and set out the rights and obligations of each party. You should read and understand the terms and conditions of any contract before signing it, and seek legal advice if you are unsure about anything. Some of the key terms to look out for include:

• The deliverables: what you are expected to produce and deliver, such as the number, type, and quality of posts, videos, or stories.
• The platforms: where you are expected to publish or share your content, such as Instagram, YouTube, or TikTok.
• The posting dates: when you are expected to publish or share your content, such as within a certain time frame or on a specific date.
• The fee and payment schedule: how much you will be paid and when, such as upfront, in instalments, or upon completion.
• The exclusivity: whether you are restricted from working with or promoting any competing or conflicting brands, products, or services.
• The usage rights: who owns the intellectual property in your content and how they can use it, such as for a limited or unlimited period, in a specific or global territory, and for a specific or general purpose.
• The compliance: whether you are required to follow any laws, regulations, or guidelines that apply to your content, such as the Consumer Protection from Unfair Trading Regulations 2008 or the Advertising Standards Authority’s CAP Code.
• The termination: whether either party has the right to end the contract and under what circumstances, such as for breach, non-performance, or convenience.

Conclusion

Setting up as an influencer can be an exciting and rewarding career choice, but it also comes with various legal issues that you need to consider and address. By protecting your brand and intellectual property, choosing your business structure, and understanding your contracts, you can minimise the risks and maximise the benefits of your influencer business.

If you need any legal assistance or advice, Geoffrey Caesar can advise on all of the matters addressed in this blog post and draw up any documents you may require.