Entertainment law involves the legal services provided to the entertainment industry. It encompasses employment, tax, insurance, intellectual property (trademarks/copyrights), defamation, as well as contract drafting, negotiation and royalty payments.
Are you entering into contracts to provide influencer marketing for companies? If you are an Instagram model, have a huge Facebook or Twitter following, are a Snapchat star, vlogger or YouTuber and businesses want you to test products and chat, post or blog about how great they are, then you need a lawyer to review the contracts. Many businesses complain that Influencers don’t read their contracts and having their mom review or a law student cousin is not enough. When you end up in breach of contract for getting the complimentary product but ignore deadlines to post, business can come after you for breach of contract.
This law firm helps you not only avoid costly litigation, but also can review for you to obtain the most favorable legal terms as possible. We help you understand what you have to do, when you have to do it by and how you can possibly get paid faster and under more favorable terms.
If you are business or a professional practice, such as a medical practice, and want to implement influencer marketing to increase your brand recognition and help with product launch marketing and advertising, we can help draft an influencer or social media marketing agreement that protects your business. We also assist with vetting the potential influencer to increase the chance that you get what you are paying for. Many businesses don’t understand the importance of not only protecting their investment, but also their intellectual property in these types of arrangements. Some important terms that should go into your agreement with the influencer might include:
1) Who are the parties to the agreement?
2) What is the purpose of the agreement?
3) What are the services that need to be provided by one or BOTH parties (such as when the business needs to provide data and products to the influencer, but the influencer obviously has to provide a certain number of posts or videos by a certain date)?
4) Timeline for completion?
5) What should the deliverables look like?
6) What are the fees for the services?
7) Is there a fee schedule?
8) What is the term or length of time necessary?
9) What are the terms for termination?
10) What is considered breach or default?
11) Will the business share confidential information with the influencer?
12) What type of relationship exists? Is this an independent contractor or employee?
13) Will a party be creating content?
14) Does it need a work for hire provision?
15) Does it need a license?
16) What regulatory provisions need to be included to prevent legal exposure, such as the Federal Trade Commission (FTC’s) endorsement requirements?
17) What should the indemnification provision state and is it mutual?
18) What representations and warranties need to be in place?
19) What type of dispute resolution would the parties prefer?
20) What limitations on liability should be included?
21) Assignment should probably be prohibited unless approved in writing.
22) What if there is a breach, what happens if it’s waived?
23) Is this the entire agreement?
24) What exhibits should be included to best depict the expectations of the parties?
A lawyer can draft the social medial or influencer agreement, which is similar to a sponsorship agreement for athletic sponsors, to best protect the interests of the client. Don’t make the mistake of just having one party draft if by their lawyer and not having your own lawyer review it. A lawyer’s job is to protect the necessary interests of the clients and help the client get their wish list, without killing the deal, unless the client makes that determination. A lawyer can also help clear up misunderstandings when there seems to be an impasse.
Representing both the talent and the business gives us specialized knowledge of negotiation points.
Setup an Appointment
If you have additional questions or would like to schedule an appointment with Ms. Natbony to discuss your entertainment law related question, please fill out the form below and click “Submit Message.”