By: Jaime Israel Davila Gomez, Attorney.
It is increasingly common for companies to choose to do advertising campaigns through influencers, especially when they directly reach the target audience they seek to attract to buy their products and/or services.
However, most of the time brands forget that at the end of the day they are contracting the provision of a very specific service that has very different implications and from which some legal problems may arise.
Since it’s a relationship that involves many aspects, it is better to have a written contract in which it is established the amount to be paid to the influencer, as well as when and how the promotion will take place; another important point is to indicate in the most specific possible way what the influencer has to do, as well as the exact content to be created and on which platforms will be published, allowing the company to deliver a script or an idea with specific information to be shared or total freedom to promote as the influencer considers to be more effective.
It must also be taken into account that the contract must agree to who the content will belong to (copyright) and who will have control over it after it is created. The use, fixation, and distribution of the influencer’s image by the brand must be authorized in writing and if it is a medium or long-term relationship between the brand and the influencer, a recurring theme is the exclusivity of the influencer so that he/she does not promote or provide services to brands that sell competing products, as well as the reasons why the brand may break the business relationship.
Finally, the company has to keep in mind at all times that content creation is often a process that involves the creative contribution of many people, with respect to which a contract or document must be available to support the use of the information provided in the various forms of exploitation and platforms offered by the internet.