What is a Lawyer for Influencers?

A lawyer for influencers, sometimes referred to as a social media lawyer or influencer lawyer, is a legal professional who specializes in dealing with social media law, specifically the legal aspects of the operations of professional influencers. With social media growing and the online landscape becoming more legally complex, these lawyers have an important role in facilitating transparency and compliance for social media influencers.

How do lawyers for influencers differ from other lawyers?

Unlike traditional business lawyers, who typically deal with various legal issues from real estate to corporate formation and commercial disputes, lawyers for influencers focus solely on the legalities of online activities. Their expertise lies in areas such as intellectual property laws and e-commerce compliance. 

They must have a comprehensive knowledge of platform-specific policies and a thorough understanding of how they relate to labor and contract laws, IP rights, and regulations from bodies such as the Federal Trade Commission (FTC), which protect consumers and preserve market competition.

In addition, lawyers who work with influencers have an understanding of the legal nuances of commercial agreements, for instance sponsored content and affiliate marketing deals, which are commonplace among professional influencers. They are equipped to deal with all issues related to content monetization and e-commerce activities on social media.

Why might an influencer need a lawyer?

Depending on the nature of an influencer’s commercial activities, they may need a specialist lawyer for a variety of reasons. The following are some common reasons why an influencer might solicit the services of one:

• Contract negotiations and tax processes: Influencers routinely sign agreements with commercial partners such as brands, marketing organizations, or social media platforms themselves. In these instances, a specialist lawyer is usually brought in to facilitate negotiations and carry out contract reviews to ensure that terms are legal and that details such as payment and deliverables are agreeable to the client. In addition, in the case of cross-border dealings, the lawyer will advise on regional laws and tax obligations.
• E-commerce & trade compliance: Content creators often hire a specialist lawyer for influencers when they begin selling products, either physical or digital, on social media platforms. The lawyer offers legal guidance to ensure that the influencer’s e-commerce business is set up properly and legally. They ensure that operations adhere to platform compliance policies, consumer protection laws, and trade commission regulations so as to avoid potential fines or bans.
• IP protection & rights enforcement: Influencers may solicit the services of a specialist lawyer to assist them with registration processes for trademarks, copyrights, and patents to protect their intellectual properties. In addition, if they are victims of IP violations such as trademark infringement, an influencer may require such a lawyer to represent them and enforce their legal rights.
• Platform disputes: In cases where an influencer has their social media account banned, a specialist lawyer is commonly hired. The lawyer prepares relevant paperwork, submits legal appeals on behalf of the influencer, and represents them during arbitration.