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Influencer Law

What to Look for in a Lawyer for Social Media Influencers

Social media influencers need a lawyer who knows their business inside and out. Each lawyer has a specific focus that allows them to better serve their client base. Securities lawyers specialize in financial transactions. Trademark lawyers know the ins and outs of the trademark process. But what should you look for in a lawyer for social media influencers?

Lawyer for Social Media Influencers Explained

In addition to providing legal advice for influencers, a social media lawyer for influencers should have two main areas of experience: working with influencers and a deep knowledge of influencer lawyers. Because influencer law is so new, not many lawyers have real experience in this area. Here is what to look out for:

A lawyer experienced with social media influencers will understand the nuances of an influencer brand deal from all angles: the company, the agency, and the influencer. Your lawyer needs to understand the business goals and legal protections of the company hiring the influencer so that they can communicate clearly with or on behalf of the brands in the deal.

A social media influencer lawyer must also have deep knowledge of the legal responsibilities of the influencer and how to clearly define the deliverables and payment schedule for the content creation process. Influencers need legal protection too – and regardless of the side of the deal the lawyer works on – they must ensure all deal points are fair and clearly spelled out.

Finally, an attorney must be familiar with how an agency can bring both sides together and where liability should be placed in each instance. Agencies are critical in the influencer contract process and lawyers must have experience balancing their needs.

Lawyer Who Knows Influencer Laws

Influencer law consists of FTC influencer guidelines, contract law, and intellectual property. FTC disclosures are required for influencers and brands to comply with the Federal Truth in Advertising law’s FTC influencer guidelines. An influencer attorney can guide creators and brands on when, where, and how to use them.

An influencer attorney must also know how to review, analyze, and draft an influencer contract that is fair to all sides. By knowing what is fair and reasonable under contract law, a lawyer for social media influencers usually has an influencer contract checklist to help prepare contracts or revisions to a contract that makes sense for the influencer and the brand.

Lastly, a lawyer must understand intellectual property law to balance the needs of the influencer and the brand. Use of the influencer’s name, likeness, and content must be clearly defined. Brands must also have clear contractual language on how they can use the influencer’s content. If you need a lawyer for social media influencers to help with your next brand deal, The Social Media Law Firm can help. Contact us for a free consultation.


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