As new commercial and business arrangements are introduced and become popular, the law struggles to keep up. This has been particularly the case with regard to social media, which seems to be evolving at the speed of light. The use of influencers is a popular and growing way to promote brands and products among luxury goods and fashion companies.
On the surface, the process seems simple: a brand contracts with an influencer(s) (celebrities or those who have large followings on social media) to create a particular number of promotional posts and/or to appear at promotional events.
But two recent lawsuits between promoters and influencers show that the legal parameters of how to structure these arrangements are still being worked out.
Use of influencers can be a powerful tool to promote luxury and other fashion brands. But attention to the details of the influencer arrangement and the contract terms at the time of engagement can avoid significant problems and headaches later. As in many commercial relationships, an ounce of prevention can be worth a pound of cure.