Social Influencer Agreements

In the past, PR and marketing professionals and their influencer partners have entered into informal agreements via email or messaging apps. Larger influencer marketing budgets, increased attention from regulators, and well-published PR outages have prompted companies and their communications agencies to enter into written contracts with influencers in order to avoid legal swamps and protect their reputations. Michael Lasky is a senior partner at the law firm of Davis & Gilbert, where he leads the praxis public relations group and is co-chair of the trial department. He can be reached in mlasky@dglaw.com. Paavana Kumar, a Davis & Gilbert partner specializing in social media and marketing law, contributed to this article. She can be reached at pkumar@dglaw.com. As with any deal, there may be some things that may require termination of your social media influencer contract. Provide as much detail as possible about the content the influencer will create and who owns the final content. Indicate the number of expected contributions and, in particular, the accounts and platforms on which the contributions are to be created. Most influencers have more than one social media account. If your public Twitter account has 1.5 million followers, but your private Instagram account only has 500, you`ll probably want to make sure that the posts will be made primarily on the public Twitter account.

Depending on the owner party of the content, a license may be required for the non-owner party to use the content….