Influencer marketing is fast becoming a major part of the modern marketing mix. As it evolves, so has the need for robust, clear contracts regulating the relationship between the influencer and brand. Digiday reports this week on the contractual issues some US agencies have picked up in their contracts with influencers, including the need for comprehensive creative briefs and usage terms.
Over here in the UK, ISBA has developed an industry first template for use by brands when working with influencers, which Lewis Silkin helped to draft. It provides guidance and suggested draft clauses on some of the unique issues when contracting with influencers, such as who has editorial control, who is responsible for compliance with advertising regulations (including the need to be transparent and use #ad when necessary), and how the usage rights work.
Influencer marketing is moving from a sidelight to a major part of marketing strategies, leading to tighter expectations and contractual obligations that guarantee social stars’ rights and advertisers’ needs. Agency Digital Brand Architects updated its influencer contracts around two weeks ago to clear up gray areas like post timing and content rights, said Reesa Lake, partner and svp of Digital Brand Architects, at a panel discussion hosted by Women in Influencer Marketing on Sept. 19. The agency’s new contracts specify the social stars’ time zones and they should post, and they require brands to provide comprehensive creative briefs — if the talent follows the brief, they are not required to reshoot the content. The new contracts also specify where and for how long brands can use or reuse influencer posts, according to Lake.