Protecting image rights and intellectual property in influencer marketing

In a world where online content is king, it is more important than ever to protect your image rights and intellectual property. When it comes to influencer marketing campaigns, it’s crucial that brands and creators understand how to protect their assets. In this blog post, we’ll discuss the different ways you can protect yourself as a brand, and as a content creator, in an influencer marketing campaign.

What is influencer marketing?

Influencer marketing is a form of marketing in which brands work with influencers on social networks . They collaborate in order to promote the brand’s products or services.

In order to understand how to protect your intellectual property and image rights, it is first important to understand how influencer marketing works. More often than not, brands with awareness or revenue goals want to use influencers. These will help them achieve their goal by telling their subscribers about their products and/or services. More than a simple story in front of the camera to present a product, some influencers realize a real creation or a staging to enhance the brand. They are then considered as a creator of content and this is where the intellectual property law comes in.

The collaboration can be agreed directly between the influencer and the brand, but more and more brands are now working through specialized agencies such as LaSeen Brand Management.

However, the influencer marketing campaign has no obligation of result, only of means. Indeed, it is impossible for the influencer to predict with certainty the behavior of his community.

Definitions and issues of image rights and intellectual property

The right to the image is the legal right to control the use of its image. It applies whether it is a photo, a video or another form of media. In the context of influencer marketing, image rights can be violated when a brand uses an influencer’s image without formal authorization. This can also happen if the influencer uses someone else’s image without their permission for their content creation.

Intellectual property (IP) refers to creations of the mind. This concerns inventions, literary and artistic works, designs and symbols, names and images used in commerce. Image rights are a type of intellectual property that protects the name, likeness or personality of an individual. In the context of influencer marketing, it is important to take into account intellectual property and image rights. This is because they can help protect the brand from unauthorized use of its logos or other protected elements, as well as ensure that the influencer is compensated for their work.

Protecting one’s image rights and intellectual property: the case of the brand

The best way for a brand to protect its image in an influencer marketing campaign is to have clear guidelines and contracts in place with influencers before any content is created. They must specify what is expected from the influencer in terms of maintaining the brand’s image. The agreements also indicate the rights the brand has to use and approve any content created.

There are several ways for brands to protect themselves from potential risks when working with influencers:

  • First, it is important to have a clear contract in place. The agreement should describe the rights and responsibilities of both parties. It must specify the content that the influencer is allowed to use, the duration of its use and any restrictions. In addition, the contract must specify that the influencer will not use any copyrighted material without the brand’s prior permission.
  • Another way to protect your brand is torequire that all content created by the influencer be original. This means that the influencer cannot use stock photos or images that are not their own. If they are using someone else’s content, they must have the appropriate permissions and licenses. In addition, the contract must stipulate that the influencer will not make any false or misleading statements about your brand.
  • Finally, it is important to monitor the influencer’s activity on social media and other platforms. This will allow you to quickly identify any potential problems and take steps to protect your brand.

By taking these steps, you can protect your brand and your investment in influencer marketing.

Intellectual property and image rights are important considerations for any brand working with influencers. By setting up a clear contract, requiring original content and monitoring the influencer’s activity, brands can protect themselves from a possible degradation of their image or a bad buzz.

Protecting your image rights and intellectual property when you are an influencer

An influencer can protect his image rights in several ways, but mostly by specifying in his contract with the brand what are the brand’s rights to use his image, and for how long. In addition, the influencer may require the brand to obtain his or her consent before using any image representing him or her.

A content creator can protect his or her intellectual property rights in several ways. Especially by specifying in his contract with the brand what are the rights of the brand to use his work. And for how long. In addition, the content creator may require that the brand obtain its consent before using its work.

It is important to have contracts in place with brands before any content is created. These should specify:

  • the rights of the influencer or content creator on his own work,
  • how the brand can use it.

If there is any concern about the misuse of an influencer’s image or intellectual property, it should be addressed as soon as possible.

It should also be noted that in some cases, an influencer or content creator may be able to register a trademark for their name and/or image with theINPI. This can provide additional protection against unauthorized use.

The obligations of the brand towards the content creator

A brand has several obligations regarding an influencer’s image rights:

  • First, the brand must respect the terms of the contract it has with the influencer.
  • Secondly, if the contract does not state otherwise, the brand must obtain the influencer’s agreement before using their image.
  • Third, if the influencer has registered his own brand with the INPI, the brand must also be licensed,
  • Fourth, once the rights have been obtained, the brand must use the image in a way that does not infringe on the rights and image of the influencer
  • Finally, the brand must be careful not to suggest that the influencer endorses products or services without their express consent.

By taking these steps, brands and influencers can help ensure their intellectual property is protected. But also that of their right to image. In the event of a dispute, putting these agreements in place can help resolve the issue more effectively. Intellectual property and image rights are important considerations in any influencer marketing campaign. By taking steps to protect your brand and your creators, you can help create a successful campaign. This is done while ensuring that all those involved are fairly compensated for their work.

For more information on image rights and intellectual property in the context of influencer marketing, you can contact one of our experienced team members. We will be happy to assist you in this matter.

 

 

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Pro contact form
Simple and intuitive pro page editor
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Site with enhanced security
ssl certificate included
Seo optimized site
Site map html
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Easy product management
Easy product category management
Sales performance report
Promotional codes
No commission on sales
Mondiale relay delivery
Delivery Colissimo
Chronopost delivery
Payment by PayPal
Payment by credit card
Payment by bank transfer
Payment in store
My account area for your customers
Automatic confirmation e-mail
E-mail automatic tracking number
Automatic billing
Complete product catalog
Listing Brands by alphabetical order
Variation images swatches
Custom email template
Turnkey GTCs
Turnkey legal notice
Turnkey Privacy Policy
Turnkey FAQ
Text welcome included
instagram news feed
Optimized checkout
Optimized product sheet (sticky add to cart + sale triggers)
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Professional products zoom
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Domain offered the first year
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Logo and favicon offered
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Pro contact form
Simple and intuitive pro page editor
Easy page management
Easy blog post management
Easy image management
Cokie Usage Band
Site with enhanced security
ssl certificate included
Seo optimized site
Site map html
xml site map
Easy product management
Easy product category management
Sales performance report
Promotional codes
No commission on sales
Mondiale relay delivery
Delivery Colissimo
Chronopost delivery
Payment by PayPal
Payment by credit card
Payment by bank transfer
Payment in store
My account area for your customers
Automatic confirmation e-mail
E-mail automatic tracking number
Automatic billing
Complete product catalog
Listing Brands by alphabetical order
Variation images swatches
Custom email template
Turnkey GTCs
Turnkey legal notice
Turnkey Privacy Policy
Turnkey FAQ
Text welcome included
instagram news feed
Optimized checkout
Optimized product sheet (sticky add to cart + sale triggers)
Wishlist / Favorites
Professional products zoom
Product threads
Online chat
Full car address
Anti-spam recaptcha
SMS customer notification
Sales notifications
Recovery of abandoned cart