Legal issues in social media influencer marketing:
The market is changing and so is the definition of Artists, Consumers and Commissioners/ Employers. Novel Legal issues are arising for both influencers as well as the brands using influencer marketing.
These could be in the form of licensing, infringement, disputes during endorsements, defamation and even compliance with security law.
We take you through the inherent risk of social media marketing and content creation as well as some tips and tricks to overcome them and use this data to grow your reach and hence your business.
Key legal issues faced by influencers/content creators:
Copyright Claims: There is a lot of free content on the internet. Then we have fair use of copyrighted content. But apart from that, all other content or use may invite copyright claims that stop your monetization. Even content that is free today can invite copyright claims in the future.
ASCI Guidelines: Influencer marketing in our country is regulated by the Advertising Standards Council of India. Effective from 14.06.2021, influencers are liable to divulge when content is an advertisement or has a profit motive. The Guideline for Influencers Advertising on Digital Media Platforms by ASCI sets out standards for such advertisements and penalties for default.
Contracts: Just like any other business, contracts form the basis of all transactions in the influencer space as well. For most part influencers and brands maintain standard form contracts that are then shared and signed with others. Your contracts should detail out ownership of the content, the credits, surrounding circumstance of the deal, the materials used, information disseminated, compensation schedule and milestones and even where the money that the company pays you, is coming from and at what intervals.
Trademark Protection: In today’s market having a registered brand entity for your business is essential. It can make you a lot of money, promote your brand trust and safeguard your future. These trademarks can be in the form of hashtags, handles, channel names, user names or any other. For example - For Kritika Khurana, it makes sense to protect her handle name and brand identity through contracts but as trademarks too.
Why to protect your IP in Social Media Space?
The social media space is like the conventional media but on steroids. Original material is freely available and can be replicated and transmitted at lightning speed. Content is also easily and greatly monetizable.
Following benefits arise from protecting your online material.
Refrain others from using your original material
Own your content legally
Grow your intangible assets acquisition hence monetizability of your brand
Build Market Reputation and Brand awareness (of your brand)
Maintain your Brand Identity
Protect your brand internationally
What the future holds
Producing original content is becoming easier with new technology like AI and Blockchain. Today, you do not need your own video or even your own audio to make a youtube video that could potentially go viral. It is a good idea for your brand and your value to future proof your business and to safeguard your monetization prospects from day 1. Some tips that could take you far:
Be wary of false advertising. Always do thorough research before you promote your product or anyone else's.
Understand how defamation works and get your script vetted before you publish content especially if you plan to review, rant or ‘reveal the truth’ of a product or brand.
Have a solid trademark portfolio
Research and obtain the necessary permits and/or licenses if you plan to use copyrighted or trademarked content. Some brands might let it go for now (as they’re getting free publicity) but you make yourself vulnerable in the future.
Be aware of others’ IPR in your domain and field and be smart about not infringing others’ property. You do not want unnecessary expenditure of your money, time and effort.
In conclusion, social media and content creation is relatively novel and our evolving legal landscape is still trying to catch up. All your efforts should be with intent and clarity, especially when it comes to the legality of your content. The rules of content creation are changing rapidly. Make sure that you are creating with intent and posting with keeping safe future in mind.
Follow this space for our new series on Influencer Marketing and Growth, where we spill the industry secrets we’ve learnt on the way.
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