Last time we looked at those considerations for brands and businesses, but now we stand on the opposite side and consider those key provisions that influencers need to take on board before deciding to partner with a brand or business.
- The Brand’s Name and Reputation
The first question to ask is whether the brand’s values align with your own. What is their position on diversity, inclusion, equality, and even potentially politics? Do you share similar views and values? - Exclusivity
With many influencers now earning a living by collaborating with brands, it’s essential for them to maintain the ability to partner with other companies as well. An exclusive relationship would mean that an influencer is unable to work with other brands. - Ownership of Intellectual Property Rights (IPR)
IPR arise when influencers create content, and who owns the content will need to be agreed upon upfront. Don’t assume that, as the influencer, you are the owner. Some brands may insist on owning the IPR for content created by influencers, but many influencers justifiably prefer to retain ownership and instead grant the brand a licence to use the content. It’s important for both parties to clearly define the scope of this licence and outline the parameters of the brand’s usage. - Content Control and Creativity
Consider how much creative freedom a brand will give you when working with them. Will you be required to follow a strict script, or will you have the flexibility to create content that reflects your style? Maintaining creative control is essential for authenticity. Negotiating content guidelines upfront can help prevent conflicts later on. - Use of Image and Likeness
Consider for how long a brand will be entitled to use your name, image, and likeness in the brand’s own content. Will it end upon termination of the relationship, or can it continue beyond? Will they have to immediately remove all online content you’ve created for them? - Duration and Termination Rights
What is the proposed term of the relationship? Long-term deals may provide security, but what if the relationship breaks down, becomes strained, or you no longer want to work with the brand? Have you considered termination rights, i.e., how do you get out of the contract? - Payment and Payment Terms
If you are being paid for your services, what is the exact fee? Is it paid upfront or by way of instalments? Have you considered your expenses that may be incurred – are these considerations factored into the fee, or should they be recovered on top of your fee? - Tax Implications
Are you aware that you will likely have to pay tax on any money earned from paid ads, sponsorships, and brand collaborations, as well as gifted products or services received? In 2023, HMRC started a campaign of nudge letters to influencers to remind them of their tax obligations. As lawyers, we are unable to offer tax advice; however, we do work with a number of accountants who would be able to assist.
By considering these factors, influencers can form successful and authentic partnerships. For legal guidance, contact our commercial team at 02920 345511 or commercial@berrysmith.com.