What’s Up, Doc Cocktail
The What’s Up, Doc cocktail is a drink built with bourbon whiskey, fernet-Branca, carrot juice, ginger juice, and lemon juice!
During the COVID-19 pandemic lockdown, the first influencers were born. These ordinary people without typical fame amassed large followings and began influencing them for brands. However, things have changed since 2020, and many influencers now make a career out of it, just like marketing. Now, many wonder whether they need a lawyer to operate their business. This guide will give reasons why.
A lawyer for social media influencers does not just help you sign contracts with brands or negotiate your fee for marketing strategies, but they do much more than that. You can go ahead and run your influencing business without the help of a lawyer, but things may get complicated along the way.
For instance, there are FTC guidelines that every influencer must follow and this may not become a knowledge. A lawyer for social media influencers handles all the complicated legal issues and breaks them down to avoid fines or even jail time.
According to FTC guidelines, anybody who promotes a service or goods online must disclose their relationship with the brand. This means that a social media influencer must disclose a paid relationship or sponsorship.
However, it can be confusing when it comes to determining what constitutes a disclosure. Some social media influencers were fined heavily for trying to circumvent this law. Simply using #ad as a caption of a video promoting the product does not constitute a clear disclosure
The FTC has revised its guidelines in 2023 to reflect social media advertising as well. According to the new guidelines, all video endorsements must have a disclosure that can be seen clearly by the viewers on the screen. Also, the text with the written disclosure must be legible and stand out from the background. If it is audio content, the social media influencer must include a verbal disclosure while the audio is running.
The same applies to a live stream. The influencer must also repeat this disclosure all through the stream for new viewers who are just joining in.
Some influencers may not be versed in contract law, and this can make it risky to sign contracts without a lawyer. A social media lawyer can help inferences go through the terms of content, creation, or sponsorship to ensure that the influencer is not getting the short end of the stick. This attorney also helps negotiate the terms of the contract to protect the influencer's rights.
What about the legal risk of having an online presence? Influencers grow by engaging their followers and collaborating with brands in the process; they may be met with contract disputes, copyright infringement, and even regulatory compliance issues. Having a social media influencer lawyer can prevent any of these issues from starting, let alone escalating.
The role of this lawyer may also extend to legal representation in case an influencer is sued for a breach of contract or intellectual property dispute. Generally, the lawyer ensures that the influencer focuses on what they do best, which is promoting content while they handle the dirty work.
