An international influencer-marketing campaign simultaneously engages several legal regimes: the influencer’s image rights and copyright, the brand’s trademark rights in each jurisdiction, licences for music, photographs and other third-party content used, and the advertising rules of the platforms.
‍

A common risk scenario is that an influencer with a global audience uses in a promotional video a song licensed only for the United States. Worldwide distribution on YouTube may infringe the territorial licences of the record label in Europe or Asia.
‍

Another scenario is that the brand republishes the influencer’s content on its own channels without specifying in the contract that it has the right to do so. The influencer owns the copyright in the created content, and the brand may use it only on the basis of an explicit assignment or licence.
‍

Well-drafted influencer-marketing agreements must therefore include a clear assignment or licence of rights in the content, the territory and duration of use, prior approval of third-party music and visual materials, and the influencer’s warranties that no third-party rights are infringed.