Influencer Agreement meaning

In this issue: New technologies Internet Media Fintech Data protection Advertising, marketing and sponsorship Reputation management LexTalk®TMT: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information New technologies DSIT introduces voluntary guidance on UK’s AI regulatory principles The Department for Science, Innovation and Technology (DSIT) has released early, non-mandatory guidance to help regulators deliver the UK’s pro-innovation artificial intelligence (AI) regulatory principles. Its purpose is to aid regulators in construing and implementing the five principles described in the AI regulation white paper. See: LNB News 08/02/2024 95. UK’s AI copyright code talks break down, government says MLex reports that AI developers and copyright holders have not secured agreement on a workable voluntary code of conduct to resolve copyright concerns, meaning ministerial action will be necessary, according to the UK government. In its response to the public consultation on...

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Public procurement International Sale and supply of goods LexTalk®Commercial: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—4 December 2024 The Advertising Standards Authority (ASA) received three complaints concerning ACME Vape Ltd’s promotion of e‑cigarettes. The regulator upheld two of the three issues raised. See: LNB News 04/12/2024 35. DCMS publishes 2023–24 online advertising taskforce report The Department for Culture, Media & Sport has extended the Online Advertising Taskforce for a further year to continue tackling online advertising harms, with a particular focus on protecting children. The Taskforce—bringing together government and industry representatives—centres its work on six priority areas, including age assurance, influencer marketing, and transparency. Its objectives are to raise standards, encourage information sharing, and strengthen trust across the sector. It is also progressing initiatives...

This Practice Note is for brands engaging influencers (or other talent) on social marketing and advertising campaigns in the UK. What constitutes an influencer? In the UK: Content amounts to an influencer ‘endorsement’ or advertisement where an influencer collaborates with a brand to create material for their own channel and: the influencer has received ‘payment’ from the brand for that content, and the brand exerts some level of ‘control’ over the content Both ‘payment’ and ‘control’ must be present for content to be an advertisement regulated by the Advertising Standards Authority (ASA). If there is ‘payment’ but no ‘control’, consumer protection legislation applies, enforced by Trading Standards and the Competition and Markets Authority (CMA). ‘Payment’ is interpreted widely and covers money, gifts, experiences, events and any promise of future payment. It can also be indirect: where an influencer has a paid commercial relationship with a brand, any related content is ‘paid‑for’ even if...

Film and TV glossary A–B | Film and TV glossary C–D | Film and TV glossary E–H | Film and TV glossary M–P | Film and TV glossary R–S | Film and TV glossary T–W Incidental inclusion (‘passing shot’ use) Including a copyright-protected work only incidentally within an artistic work, sound recording, film or broadcast does not infringe that copyright. For example, a film shot on location at the South Bank in London would not breach rights in buildings or in music audible in the background when their presence is incidental. What qualifies as ‘incidental’ hinges on the facts of each matter. See Practice Note: Copyright—permitted acts and defences. Independent Press Standards Organisation (IPSO) IPSO is an independent, self-regulatory body that handles complaints about the editorial content (not advertising) of newspapers, magazines (not books) and their websites, as well as about certain kinds of behaviour by journalists working for those organisations. It replaced the Press Complaints Commission on 8 September 2014. See website: Independent Press Standards...

This Practice Note considers common matters that frequently arise when drafting and negotiating endorsement agreements in England and Wales. In a standard endorsement deal, a brand typically retains a well-known public figure to promote its goods or services. That promotion can cover a broad range of activity, such as TV adverts, print adverts, public appearances, and promotional posts on social media. What is an ‘endorser’? An endorser is a person, usually a public figure—celebrity, sportsperson, or subject matter specialist—who grants use of their name, image, persona, or reputation to a product, service or brand under a commercial arrangement. Endorsers are engaged to boost brand visibility, credibility and consumer confidence by publicly aligning with a product, whether either via direct promotion or association. They may feature across traditional advertising channels (television, print, out-of-home and digital media), serve as brand ambassadors, or take part in various events, PR campaigns and product launches. Endorsers usually appear in brand-owned content or controlled marketing environments. This sets them apart from influencers, who mainly...

This Agreement is entered into on [ date ] (the Effective Date). Parties [ Insert name of company ], a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at [ insert address ] (the Company); [ Insert name ], of [ insert address ] (the Talent). Background The Company is the proprietor of the [ insert ] brand. The Talent is [ insert details of the talent’s background ]. The Company retains the Talent, on the terms of this Agreement, to market the Company’s products...