The ISBA has created a ‘vlogger contract’ for brands and influencers, to try to help create clarity around those who works with brands. And here’s why you should care…
The idea is to provide a legal framework for brands dealing with YouTube vloggers and creators.
If you’ve ever been approached by a brand, or would like to be, what are the logistics and legal around promotion, and running paid content on your channel?
The template contract has been drafted by ISBA with law company Lewis Silkin and input from agencies, creators and talent management companies.
The wording create “building blocks” for brands “struggling to know where to start”, according to Lewis Silkin partner Jo Farmer.
She continued: “I can’t pretend the contract gives you the ultimate answer. [But] it can help to determine how much control you have over what vloggers say and do.”
Whilst brands will still need to confirm their own details of any deals the contract covers potential issues such as the way creators operate through limited liability companies, usage rights over content created with influencers, and what happens if the influencer or brand terminates the contract should be covered inside the new document.
The contract also covers areas such as creators misbehaving and how that could reflect on your brand.
For stars like DJ Khalid and Cameron Dallas they’re making enough to be on big agencies, and those teams have legal departments, however for smaller stars this could be vital protection.
ISBA’s new contract doesn’t really clear up the murky water around the #ad or #sp issues however. Or whether talent really has to mention it’s been paid for.
Philip Hughes, chief operating officer of Gleam, the talent agency that looks after Zoella and other creators has revealed followers do want to know what’s going on behind the camera. “Creators want their audiences to know when content is sponsored or when they’re being given free products.”
ISBA director of consultancy and best practice Debbie Morrison described most brand efforts so far as “not very good”.
She said: “We’ve been getting more members talking to us and sharing with us what they’ve created, and they weren’t very good contracts.
“There’s a great deal of benefit of having clarity of roles, and who’s going to do what. We decided we had to do something, because influencers are growing in the way they’re working with brands.”
Will you use the contract? Is it good to know you’re better protected now? Let us know in the comments…