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Influencer and Social Media Law

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Grow your brand and protect your business with robust, forward-looking legal advice

Social media has created a new industry with huge opportunities for influencer marketing and content creation. Digital empires are built on creative freedom, and captive audiences generate revenue for social media-based businesses.

And that’s not all.

YouTube videos are the number one destination for entertainment-seeking millennials. Video content marketing now forms an essential part of online marketing strategies. Live-stream gaming site Twitch has 15 million daily active users, and TikToker is now considered a noun. In fact, it was named a top ten word of 2020 by the Collins English Dictionary.

It all points to a rapidly changing marketing landscape.

Social media has a global reach. As an influencer or business operator, it’s critical to understand how the laws in different countries impact your social media activities. You also need to know how a social media platform’s policies can affect your operation. 

These developments require the law to keep pace. With established practice areas in commercial and media law, we understand the importance of responding to current issues and anticipating future legal needs. We’re proud to be one of the first Australian law firms with practice areas dedicated to influencer and social media law.

As an influencer or content creator, you need the most informed legal advice to Let’s work together.

Expertise

We provide advice across all social media platforms, including:

  • Gaming live streamers
  • Sports commentary live streamers
  • YouTube channel hosts
  • TikTokers
  • Instagram personalities

Services

Our services for social media law include;

  • Sponsorship and advertising
  • Copyright and other intellectual property issues
  • Commercial contracting
  • Regulation and compliance
  • Legal disclaimers
  • Consumer and competition law
  • Technology and data protection
  • Insurance
  • Privacy
  • Litigation
  • Defamation

Contact us to discuss your social media legal needs.

Influencer and Social Media Law FAQs

What should I know about social media and influencer agreements?

Like other areas of media law, influencer and social media law often revolves around contracts and other agreements. These agreements frequently require significant consideration of potential flow-on effects. Social media agreements may include:

  • Non-disclosure agreements (NDAs)
  • Licensing agreements
  • Affiliate agreements
  • Exclusivity agreements
  • Assignment agreements
  • Marketing agreements
  • Sponsorship agreements
  • Ethical commitment agreements
  • Data protection agreements

The more contracts you need, the more intimidated you may feel. It’s one of the biggest hurdles to establishing a successful online business.

Our comprehensive agreement services are aimed at reducing the stress of dealing with multiple agreements. Our services include:

  • Advising you which agreements you need now
  • Advising you which agreements you may need later
  • Drafting agreements
  • Ensuring that any new agreements are compatible with your existing agreements
  • Negotiating with the other parties

One of the best things about running a social media business is that anyone can do it. Still, there are often power imbalances between content creators and larger companies. Engaging us for social media legal advice can help your peace of mind.

Get in touch to find out more about our social media legal services.

What should I know about copyright and trademark issues for social influencers?

You may be concerned about copyright infringement. For example, your work may be copied and published by someone else, or you may breach someone else’s copyright. The bigger the internet becomes, the greater the chance of this happening to you or someone you know. It’s important to understand your rights and responsibilities for your original work, and the original work of others.

Copyright may apply to photos, music, and video footage. If you use someone else’s original work without permission, you’re at risk of legal action for breach of copyright.

Many people think the defence of fair use (or fair dealing) will protect them from legal action. Fair use allows a person or organisation to use copyright-protected material in some limited circumstances. But the defence isn’t as far-reaching as you might think – it’s risky to rely on it if you’re considering using someone else’s work without their permission.

The best way to manage copyright issues is to tread carefully, right from the start. Seek advice from a lawyer who understands the copyright issues that arise in digital media, particularly social media. Our copyright and intellectual property services include:

  • Copyright clearance advice
  • Risk management advice
  • Advice to protect your intellectual property
  • Taking legal action against someone else

Learn more about our legal services for social media and influencer marketing.

What should I know about social media advertising and promotions?

Social media influencers are a fairly new marketing development. Still, advertising and trade regulators worldwide are increasingly willing to put influencer activity under a microscope, including the US Federal Trade Commission.

It’s now crucial for influencers to understand aspects of consumer protection law, for example, misleading and deceptive conduct. With more brands turning to influencers to promote their products, you must be transparent about any trade deals and partnerships you enter into with other organisations.

We’re here to guide you through these issues.

How can MDW help me grow my brand and business?

Because of the rapid changes in influencer and social media law, you’ll need more than legal advice. You will also need a lawyer who understands how your business operates and your plans for the future. It’s the most effective way of developing far-sighted legal strategies and giving advice that will benefit you and your brand in the longer term. We can help you grow your business in different ways, including:

  • Trademarking your channel or brand name
  • Establishing your business as a separate legal entity
  • Commercialising your existing business interests
  • Advising you on employment law issues
  • Advising you on privacy law requirements
  • Helping you protect your image and reputation
Does MDW have any experience in working with social media agents?

We work closely with a selection of social media agents. It’s an excellent way to ensure that:

  1. Influencer strategies are prioritised; and
  2. The contracts reflect all the agreed terms and conditions

These strong foundations are fundamental to our seamless and comprehensive social media legal services.

Get in touch to learn more about our work with social media agents.

What other issues may arise?

Influencer and social media law raises plenty of issues and questions, for example:

  • If I have signed a brand deal with a company, do they own my content?
  • What do I need to know about advertising a product on my social media accounts?
  • What happens if I breach a non-disclosure agreement?
  • Am I allowed to use a song in my stream or social media video?
  • Will I breach copyright if I stream myself playing a video game?
  • If I hire someone to help with my content creation, do I have any legal obligations?
  • If I’m under the age of 18, what are my legal obligations?
  • If someone working for me is under the age of 18, what are my legal obligations?
  • Am I allowed to film in public places?
  • What happens if someone I don’t know is in the background of my video or stream?
  • If I have received a Content ID claim on one of my YouTube videos, have I broken the law?
  • If my video or post was removed, have I broken the law? Can it be reinstated?

If you’re seeking legal answers to these questions or have any other questions about influencer and social media law, contact us today.

If you’re seeking legal answers to these questions or have any other questions about influencer and social media law, contact us today.

Secure your socials with incomparable experience, level-headed advice, and strategic planning

Marco Angele and our team of social media lawyers understand how to connect legal requirements and responsibilities with your creative talent.

Meet the team

Influencer and Social Media Law Articles

Google Review: Contempt of Court
Google Review: Contempt of Court
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Attention Social Media Influencers – Don’t Forget to # your #SponsoredAds
Attention Social Media Influencers – Don’t Forget to # your #SponsoredAds
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Can you licence your image to a company or trust?
Can you licence your image to a company or trust?
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#SocialMedia and defamation — think before you post, look before you link
#SocialMedia and defamation — think before you post, look before you link
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