Representing the new age celebrity – Part I

Today's celebrities are no longer restricted to the big screen or playing field. Social media has thrusted the 21st century celebrity from the most remote parts of the world, albeit relatively unknown to those who don't actively engage the internet. Otherwise unknown participants have accrued massive followers on various social media platforms. Companies who are looking to push their brands have recognized that these internet followers can translate into dollars. The birth of the on-line social media influencer or brand ambassador has created stardom for many who have never sung a note or caught a ball. Yet these new age celebrities require every bit of legal protection as their predecessors, and the companies who engage them are also equally in need of contractual certainty.

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To enhance liability protection, the influencer should always do business as a legal entity, with a personal services agreement between the Influencer and the wholly owned entity. When done correctly, this will protect your personal assets from exposure to business liabilities.

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While many of the legal issues involved with social media influencers are similar to the traditional entertainer or athlete, additional concerns abound. Foremost, the contract between the parties must be more specifically tailored to cover the esoteric platform of responsibilities. For an influencer, the primary concern is protecting the personal brand, image and proprietary rights upon which the success of the influencer is promised. For hiring companies, there must be specific goals and objectives outlined to ensure clarity and compliance. It behooves both parties to ensure specificity regarding the platforms that the influencer be influencing on, and the frequency of the influence.

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The hiring company will usually attempt to gain full rights over all content that is produced by the Influencer. Influencers should push back by attempting to negotiate parameters as to when their content may be used, and for how long. Using Influencer content after the expiration of a contract is common when the Influencer’s attorney fails to restrict post contract content rights.

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Many times, an Influencer is born out of another separate role which allowed the Influencer to obtain an immediate platform. For instance, many television personalities, from reality TV to new broadcast, have gained a “secondary” influencer based upon the primary role. Thus, they may be sought after by third party companies for brand influence among their existing audience.  In such case, one must ensure the existing “primary” employment contract between the Influencer and the TV network/Production company does not restrict the Influencer form “off-camera” activities.

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Most importantly, seek competent legal counsel for guidance, as this is an area of the law that requires a high level of competency so as to avoid disputes and possible litigation in the future.