Working with Influencers - What You Need to Know

Introduction

The influencer marketing industry is booming, and according to the Department for Digital, Culture, Media and Sport report on influencer culture (2022), the global sector is expected to grow from $6.0 billion in 2020 to $24.1 billion by 2025, at a compound annual growth rate of 32%.

Yet, there is still no established basis for what an ‘influencer’ means in law, and several regulatory gaps remain; with more inevitably on the horizon as the industry continually evolves in tandem with emerging trends such as kidfluencers and virtual influencers.

For the regulators of this space, the Competition and Markets Authority and Advertising Standards Authority, there are whisperings of incoming updates to their respective enforcement powers.

It is crucial to, at the very least, have a foundational understanding of the current regulatory and legal status quo to help upskill, signpost and protect clients in the wake of this rapidly evolving and maturing area.

Find out:

• What do the regulators say?
• Who is responsible for compliance?
• What agreements should be in place?
• What about the rights content itself?

This new virtual classroom seminar will look at where the industry is and where it is likely to go next from a legal and regulatory perspective with additional consideration given to the intellectual property rights implications of using influencers.

What You Will Learn

This live and interactive session will cover the following:

• Influencers - a reminder
• Oxford dictionary (2019 entry) definition
• DCMS developed the following definition for the purposes of its 2022 report on influencer culture: an ‘influencer’ is an individual content creator who builds trusting relationships with audiences and creates both commercial and non-commercial social media content across topics and genres
• Still no established basis in law
• ASA/CMA - what are the key rules and who is responsible for compliance?
• Labelling - at the crux
• Who is responsible for compliance?
• ASA - CAP code insight
• Present requirements for AD content
• Editorial control - temporary or here to stay?
• Regulated products
• ASA ruling on Sazerac UK Ltd
• Sanofi’s Phenergan Night Time tablets ruling
• CMA - enforcement powers
• The Consumer Protection from Unfair Trading Regulations 2008 & Enterprise Act 2002
• DCMS report
• What about IP rights?
• Starting point
• Third party photographers/videographers
• Influencer duos
• Licence to social media platform
• Contractual relationships
• Influencers as service providers
• How are your clients engaging them and how does this inform the contractual documentation required?
• Influencer agencies v direct relationships
• Emerging trends:
• Kidfluencers
• Duo influencers
• Virtual influencers
• What’s next?

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.