In the world of content creation, an influencer’s brand is their business. Whether you post tutorials, unboxings, reviews, or lifestyle content, your photos, videos, slogans, and personal brand identity are all valuable forms of intellectual property (IP). Failing to understand IP law can lead to legal disputes, content takedowns, and the loss of income.
Here are 8 essential IP tips every influencer must know to protect their brand and stay legally compliant.
Your influencer persona, including your handle, logo, and signature taglines, is your primary business asset. These identifying elements are protected by trademark law.
The Problem: Without trademark protection, a competitor could use a confusingly similar name or logo, diverting your followers and damaging your brand equity.
Action:
Register Your Name/Handle: If you use your handle (e.g., @TheFoodieGuru) or a distinctive personal brand name across platforms, consider registering it as a trademark.
Protect Slogans: Trademark your most recognizable slogans or catchphrases if you use them consistently to brand your content.
As an influencer, nearly everything you create—from a photo to a script to a video—is automatically protected by copyright the moment you "fix" it (i.e., take the picture or record the video).
You Own It: Generally, the person who presses the shutter or the record button is the copyright owner. This gives you the exclusive right to reproduce, distribute, and display your work.
The License Trap: When you post on platforms like Instagram or TikTok, you grant that platform a broad, non-exclusive license to use your content. However, you retain the copyright.
Action: If someone reposts your photo or video without permission, you can file a Digital Millennium Copyright Act (DMCA) takedown notice, asserting your copyright ownership.
This is one of the most common legal risks for content creators. You cannot simply use any song in your videos, even if you bought the song.
The Law: Using copyrighted music in a video requires two licenses: a Synchronization (Sync) License (for the musical composition) and a Master Use License (for the sound recording).
The Platforms Help: YouTube and TikTok often have agreements with major record labels that allow users to use music from their libraries, but this usage is often limited and can lead to demonetization.
Action:
Always use music from platform-approved audio libraries (e.g., YouTube Studio, TikTok Sounds).
For content intended for commercial use or long-term sale, use royalty-free music services that provide comprehensive synchronization licenses.
While you are generally free to review and discuss a product (Fair Use), you must be careful when using a brand’s official intellectual property.
Logos: Do not place a brand's official logo on your own merchandise or use it to suggest endorsement unless you have a written agreement.
Product Photos: If you use a brand's official marketing image in your content, you are violating their copyright, even if you are reviewing their product. You must take your own photo or video.
Action: Stick to original photos and videos of the products you review, and limit the use of brand logos to only what is necessary for identification in your review.
When you collaborate with other creators (photographers, editors, other influencers), you must define who owns the final content, especially when it’s a sponsored post.
Joint Work: If you don't define ownership, the work might be considered a "joint work" where all creators have equal rights, which can lead to disputes.
Action:
In every collaboration contract, specify who owns the copyright to the final delivered asset.
If you hire a photographer or editor, ensure your contract includes a full IP assignment clause, transferring all rights to you.
While this falls under advertising law, it’s crucial for protecting your brand's integrity and avoiding regulatory fines. Your audience and regulators must know when you are being paid to promote a product.
The Law: Most regulatory bodies (like the FTC in the U.S. or ASA in the U.K.) require clear, conspicuous, and unambiguous disclosure of paid partnerships.
Action: Use native platform tools (e.g., Instagram's "Paid Partnership" tag) and prominently include disclosures like #ad, #sponsored, or #paidpartnership in both the video itself and the caption/description. The disclosure must be impossible to miss.
If you film people who are not part of your immediate production team (e.g., interviewing someone on the street, filming a friend in a haul video), you need their legal permission to use their image for commercial purposes.
Right of Publicity: Individuals have the right to control the commercial use of their name and likeness.
Action: Use a simple Model Release form (even an electronic one via email or app) to get their written consent. For minors, the release must be signed by a parent or legal guardian.
If you run a contest or giveaway on behalf of a brand, ensure the official rules protect the IP of both you and the brand.
User-Generated Content (UGC): If your contest asks users to submit their own content (e.g., a "best review" video), the rules must state that the user grants the brand and you a broad license to use that submitted content for future promotion.
Action: Always work with the sponsoring brand to review the contest’s Official Rules to ensure they address IP ownership and licensing of all user-submitted content.