Influencer Marketing Legal Issues - [Top 5 To Pay Attention]
Updated: Jan 23
Influencer Marketing Legal Issues:
Influencer marketing is a form of marketing in which focus is placed on specific key individuals (or types of individuals) rather than the target market as a whole. It identifies the individuals that have influence over potential customers and orients marketing activities around these influencers.
"It’s so important to get your legal team involved up front and keep in mind that it is the brand that is typically responsible for any influencer marketing missteps, much more so than the influencer" - CONVINCE&CONVERT Report
Top 5 Influencer Marketing Legal Issues:
Here are the top 5 legal problems anticipated that you should be aware of when it comes to influencer marketing:
1. Age Concern:
First, it is important to make sure that you are only working with influencers who are over the age of 18.
This is important because minors have different legal protections under the law and you could be held liable if something were to happen to a minor influencer while working with your brand.
2. FTC Concern:
You will want to make sure that all influencers are disclosing their relationship with your brand in accordance with FTC guidelines. This means that they should clearly be labeling any content that is sponsored by your brand or that includes affiliate links.
3. False advertising:
If your influencer makes claims about your products or services that are not true, you could be held liable for false advertising.
"In all cases, provide influencers in your program with a checklist of specific language that you want them to use, and make it part of their contractual obligations" -CONVINCE&CONVERT Report
4. Right of publicity:
If you use an influencer's name or likeness without their permission, you could be violating their right to publicity.
5. Understanding Concern:
Finally, you will want to have a solid contract in place with any influencers that you work with. This contract should outline the expectations for both parties and can help protect your brand in the event that something goes wrong.
Make sure that you are aware of these legal issues before you engage in influencer marketing. You may also consult with a lawyer to strengthen your decision-making.
Here's related information that you may find helpful - 5 Essentials To Find And Partner With Worthy Influencer To Get The Best Outcomes.
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