Influencers use trademarks, photographs, music and third-party visual content on a daily basis. Most of the time, these uses occur without prior legal review.
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Trademarks: using a brand’s logo or name in sponsored content without the proprietor’s consent, or in a way that suggests a non-existent affiliation, can trigger trademark infringement actions. Chiara Ferragni v Guess involved disputes over designs and visual elements used in campaigns.
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Copyright: music playing in the background, photographs taken from the internet and video clips created by others can all generate copyright claims. Platforms automatically remove content through detection systems, but right holders may also sue directly.
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Well-drafted influencer agreements should include permissions for trademark use, licences for music and images, assignment of rights in the created content and the territory of distribution. Without these clauses, both the influencer and the brand may be exposed.