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05 . 04 | Influencer Law

What is Influencer Law?

As most of you know, the Law Office of Parag L. Amin P.C., or LawPLA, is based in Los Angeles, California. As it so happens, our home is also home to some of the most famous, infamous and notorious celebrities in the United States – if not the world. It also remains a destination for people who dream of becoming the next famous, infamous or notorious celebrity.

Although you don’t have to come to L.A. to become the next social media influencer, the City of Angels is a hub for a lot of them, too. That’s why we have decided to expand our services to include influencer law.  But what is that, exactly? Read on to find out.

Influencer law encompasses many legal disciplines

To begin with, it is important to briefly describe what a social media influencer is – or does. Simply put, this is someone with a sizeable following who teams up with a business to promote its brand  on one or more social media platforms.

This means a lawyer representing an influencer must be well versed in the fundamentals and nuances of business and contract law. This is because an effective contract protects your interests.

Our legal team has the skill set needednot only to draft relevant language, but also to review existing agreements. We also represent clients in breach of contract cases.

On occasion, a social media influencer may also find himself or herself embroiled in an intellectual property dispute. This may be a disagreement over the use of copyrighted or trade marked material. Allegations pertaining to the wrongful use of photographs are some of the most common in intellectual property law. 

It is easy to see how a social media influencer using a photograph to promote a product could inadvertently violate the rules governing its use. With help from our intellectual property law attorneys, established and aspiring social media influencers can learn how to avoid trouble. If you do find that an honest mistake lands you in hot water, we will work to ensure fair resolution of the matter.

Ensuring compliance with government rules and regulation

The term influencer law may also be used for the government rules and regulations pertaining to relevant activity. One of our roles as social media influencer attorneys is to help our clients understand these rules and regulations.

In the United States, the Federal Trade Commission (FTC), regulates advertising – including product endorsements online and elsewhere. Among other things, its regulations dictate what social media influencers must disclose, when they must disclose it and how it must be disclosed. Basically, these rules stipulate that you must do the following as a social media influencer:

  • Publicly state (in writing, on the platform/s where you are promoting or endorsing the product) any financial, employment, personal, or family association with a brand.
  • Place the statement in a prominent location and keep it simple.

Federal regulations also preclude social media influencers from talking about their experiences with products they haven’t actually used, giving dishonest assessments of products they are paid to endorse, and making assertions about the benefits of a product without sufficient proof.

While some social media platforms have their own terms regarding paid product endorsements and disclosures, the FTC urges social media influencers not to rely solely on those rules. Failure to comply with these rules often has serious consequences. These ramifications typically include fines or sanctions. You may even get sued.

Now’s the time to get the help you need to navigate influencer law

As the media landscape continues to evolve, marketing and advertising will follow.  Clearly, influencer law will evolve as well. That’s why it is so important to get the help you need to navigate influencer law now… and in the future. It’s up to you to take the first step. We’ll be here when you do.

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PLEASE NOTE: This is not a representation, warranty, or guarantee of a future result or outcome. Every case is different just like every one of our clients.

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