Legal Snapshots with Studio Legal
Written by Principal, Jennifer Tutty
The rise of influencers over the past few years has been phenomenal. If you are working as an influencer in this space, it’s important to take some time to work through the terms of engagement with brands before entering into talent agreements or other contracts.
Things can go really wrong if you sign something you don’t understand. In some cases, the contract can be far more onerous or restrictive than you thought.
To help influencers be more contract savvy, we have listed 8 key questions to ask brands, before signing a services contract. We’ve also included a key tip associated with each question.
This should get you started on ensuring the contract reflects your intentions.
Q1: What exactly do I have to do for you?
Make sure the scope of the services and things you have to deliver is carefully and clearly defined in writing.
You can never be too detailed.
Q2: How long will the agreement last for and is it limited to a particular territory?
If you know the length of the contract, and what location it applies in, you will be able to better plan other opportunities around the contract.
Q3: Am i required to be exclusive to you or are there other restrictions placed on me in relation to the contract?
Tip: Be very wary of contracts that limit your ability to work with other brands.
If the contract does require exclusivity…consider whether you’re getting paid enough to agree to exclusivity obligations or other restrictions.
Q4: Do i own the IP in the marketing assets i create for you under the contract or will you/the brand own them?
Tip: Where possible, choose to ‘licence’ IP to brands rather than transferring ownership. More importantly, make sure you don’t mistakenly transfer IP you need for other projects.
Q5: What rights do you have to use the marketing assets i create for you?
Tip: It’s important for talent to understand for how long, in what location and via what media the brand can use the marketing assets you create for it.
Within the contract, limit the usage rights for a certain fee. Additionally, put it in writing that you can charge more if the brand wants additional uses.
Q6: Can i approve the final version of any marketing assets before you publish them?
Tip: To protect your brand and reputation, it’s best to sign-off on final assets before use. Make sure this is in the contract.
Q7: Can i use the marketing assets, and your name/logo for my own self-promotional purposes?
Tip: Always make sure you can use the final assets of your own socials and other platforms. You should also get a pre-approval to list the brand as a client.
Q8: What are you paying me (i.e. cash, non-cash benefits and /or super) and when will you pay me?
Tip: The fee (including cash and non-cash component) should be agreed in writing. Insist on being paid super on top of the fee.
Written by Principal, Jennifer Tutty
Published 20 March 2023
Photo by MohamadReza Khashay on Unsplash
Further Information:
If you have any legal questions relating to the above, please contact us through our online form or via email at hello@studiolegal.com.au.
DISCLAIMER:
The information in this article is of a general nature. It does not constitute formal legal advice, and should not be relied on as such. Please see the full disclaimer in our website terms. Please contact Studio Legal if you are seeking advice about a specific legal matter.