In recent years, the advent of the social media “influencer” has revolutionized advertising. Companies often partner with influencers to market their products, hoping to tap into the influencer’s devoted audience. Likewise, influencers create certain content to secure brand deals and attract advertisers. However, this relationship can be fraught with legal issues, including in the arena of copyright law. To prevail on a copyright infringement claim, the plaintiff must prove: 1) the plaintiff owns a valid copyright; and 2) the defendant engaged in unauthorized copying of protected elements of the work.
In this article, we list seven recommendations for both influencers and companies to consider in order to protect themselves against copyright issues.
