Rights of Publicity
One of the more amorphous intellectual property rights is the collection of rights referred to as “Rights of Publicity.” In a nutshell, these are the rights that an individual has to use his or her image for commercial purposes. From the perspective of a company, you want to ensure that it has acquired the appropriate rights/ licenses it needs to promote its products or services. While this has always been important, the rise of social media influencers has made it even more important.
Be Thorough With Influencer Contracts
Contracts with influencers, celebrities, and similar endorsers can be very involved. We will leave topics like FTC regulations for another post. The takeaway is that the contract should spell out the company’s right to use the endorser in promotional material.
Using an influencer can be a great way to jumpstart sales and/or enter into a new market segment. It also can be expensive. Don’t ignore the important task of determining exactly what you bought when entering these contracts.