Social media influencers face unique legal challenges that can impact their brand, income, and reputation. Whether you’re an influencer, brand, or agency, understanding these issues is critical to staying compliant and protecting your business. Below are the top 5 legal issues influencers need to know, along with answers to the most common questions.
1. Do Influencers Need to Disclose Sponsored Content?
The Federal Trade Commission (FTC) requires influencers to clearly disclose when content is sponsored or when they have a financial relationship with a brand. This includes free products, affiliate links, paid posts, or partnerships. Disclosures must be clear, conspicuous, and easy to understand—hashtags like #ad or #sponsored are typically acceptable. Failure to comply can lead to fines, legal action, or reputational damage.
2. Who Owns the Content Influencers Create?
Ownership depends on the contract between the influencer and the brand. In many cases, influencers retain the rights to their photos, videos, or written posts unless they grant full usage rights to the company. Some contracts include “work-for-hire” clauses, which transfer ownership to the brand. Influencers should always review contracts carefully to avoid unintentionally giving up rights to their creative work.
3. Can Influencers Use Copyrighted Music, Images, or Logos?
Not without permission. Using copyrighted material—such as popular songs, stock images, or logos—without proper licenses can result in copyright infringement claims. Platforms like Instagram, TikTok, and YouTube have strict rules and may remove content or suspend accounts for violations. To stay safe, influencers should use royalty-free music, licensed stock content, or platform-approved media libraries.
4. What Legal Issues Come with Influencer Contracts?
Contracts are one of the most important aspects of influencer marketing. Key issues include:
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Payment terms – how and when influencers are paid.
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Exclusivity clauses – restrictions on working with competing brands.
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Usage rights – how brands can repurpose influencer content.
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Termination clauses – conditions for ending the agreement.
Without clear contracts, disputes over money, content rights, or deliverables are common. Both influencers and brands should seek legal guidance to ensure contracts are fair and enforceable.
5. Are There Risks with False Advertising or Misleading Claims?
Influencers can be held legally responsible if they make false or misleading claims about a product or service. For example, promoting health supplements with unproven benefits or exaggerating results can lead to liability for deceptive advertising. Influencers should only share honest opinions and avoid making claims that cannot be supported by evidence.
As influencer marketing continues to grow, so do the legal risks. Staying compliant with FTC guidelines, protecting intellectual property, and negotiating fair contracts are all critical for long-term success. Working with an experienced entertainment and social media attorney can help influencers and brands navigate these issues with confidence.
Quick FAQs
Q: Can an influencer get sued for not disclosing a paid partnership?
Both the influencer and the brand can face FTC enforcement actions or lawsuits for failing to disclose sponsorships.
Q: Do influencers need a lawyer to review contracts?
It’s highly recommended. A lawyer can spot unfair terms and protect an influencer’s rights before they sign.
Q: What happens if an influencer posts content that violates copyright?
The content may be removed, accounts suspended, or the influencer sued for damages.
Q: Can brands be held liable for influencer misconduct?
Brands can share liability if influencers they hire engage in false advertising or fail to make proper disclosures.
Q: What’s the best way for influencers to protect themselves legally?
Use clear contracts, follow disclosure rules, respect copyright, and seek legal advice when needed.
👉 Need legal help with influencer contracts, disclosures, or disputes? The Boesch Law Group can help. Contact our experienced social media attorneys today for a free consultation and to protect your brand and business.