image rights definition

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Influencer risk assessment—checklist

Influencer risk assessment—checklist Influencers are so named because of their extensive social media following. They have a self-selecting, trusting audience that can typically be categorised by age, sex, location and/or interest. By using influencers effectively, brands can deliver targeted messages to large, interested groups and crucially, those messages are being delivered by a trusted source. Brands commonly work with influencers by: • paying influencers to post particular content (ie advertorials), and/or • providing affiliate links or discount codes to be included in posts where the influencer gets paid for every ‘click-through’ or sale tracked back to the influencer’s content (ie affiliate marketing) An influencer is effectively a business partner and should be carefully chosen to minimise potential damage and maximise the success of the campaign. This Checklist outlines key points to consider prior to engaging with an influencer for a specific project. Regulation of influencer advertising The primary legislation applicable to influencer advertising is Part 4 of the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024), which regulates unfair and misleading business-to-consumer commercial practices....

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Influencer agreements—key issues

Influencer agreements—key issues This Practice Note is aimed primarily at brands wanting to use influencers for particular social marketing campaigns and advertising promotions. It is intended to give an overview of the key terms usually found in an agreement with an influencer and highlights key issues to be considered when reviewing an influencer agreement. For an influencer agreement, see Precedent: Influencer agreement. For detailed guidance on the regulation of influencer activity and the protections available to protect them from online harms, see Practice Note: The regulation and protection of influencers. The world of influencers is rapidly evolving and, while most influencers have not yet joined the ranks of traditional celebrities (be they sports stars, screen actors, musicians or royals), there are now service and support teams specifically acting for influencers helping with branding and commercial relationships. Some influencers will have public relations (PR) teams, legal advisors and financial investors, while others will never have received or reviewed a commercial contract for services. Due diligence and a...

Character merchandising—IP and competition law issues for UK businesses

Character merchandising—IP and competition law issues for UK businesses This Practice Note sets out the IP and competition law issues which may arise in connection with character merchandising (ie the practice of licensing the name or likeness of a character for use in the marketing of goods or services, which will usually require the licensing of trade marks and/or copyright) in the UK. It considers issues which may arise pursuant to the Competition Act 1998 (CA 1998). It covers possible block exemptions or individual exemptions that might apply. It also considers the interaction between competition law and the tort of passing off. In theory, character association makes the goods or services more attractive to the market. For the licensor, as well as the royalty fee generated, the licensing of such character rights can be invaluable for marketing and sponsorship. For a practical example of a situation in which IP rights were licensed for character merchandising purposes, and a consideration of the strategic issues involved, see News Analysis: What...

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Influencer agreement

Influencer agreement This Agreement is made on [date] (the Effective Date) Parties 1 [Insert name of company], a company incorporated in [England and Wales] under number [insert registered number], and whose registered office is at [insert address] (Company); and 2 [Insert name], of [insert address] (Talent). Background (A) The Company is the owner of the [insert] brand. (B) The Talent is [insert details of the talent’s background]. (C) The Company engages the Talent on the terms of this Agreement to promote the Company’s products. THE PARTIES AGREE: 1 Definitions and interpretation 1.1 In this Agreement: Business Day • means a day other than a Saturday, Sunday or bank or public holiday in England; Fees • means the sums set out in the relevant Project Assignment; Project Assignment • means a document (substantially in the form set out in the Schedule to this Agreement) to be agreed in writing by the parties and which shall set out the detail of the Services to be performed by the Talent, including...

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Information Law weekly highlights—7 January 2021

This week's edition of Information Law weekly highlights includes: news and analysis relating to the EU-UK Trade and Cooperation Agreement (TCA) and related developments concerning the end of the Brexit implementation (or ‘transition’) period (IP completion day). It also includes news that TikTok faces a representative class action in the UK.