When an influencer works with a brand, they must ask themselves the question of the management and sale of these rights, but finding out about the subject is not necessarily easy. Reech, a company gambling data brazil with expertise in Influence Marketing, has created a cheat sheet that helps influencers to sell their content well during and especially after a campaign with a brand, and brands to use influencers' content well for their communication media (web, POS, displays). This cheat sheet gives an order of magnitude of the rates for the sale of intellectual property and image rights during transfers of visuals created during an influence campaign. Its objective is therefore to help creators in pricing their content, particularly when it is used outside of social networks.
It is important to remember that even if a brand has paid an influencer for content, it cannot do whatever it wants with it! In this article, we will answer various questions to clarify the subject and help influencers sell their content better: What is copyright and how to manage intellectual property rights? How to set a price for the sale of content created by influencers and what criteria to take into account in order to give the best price, with the net remuneration going to the influencers, excluding intermediary costs? What are the pricing differences between the types of media, online or offline?
Copyright and Intellectual Property
First, I suggest you take stock of this notion of copyright. It is the set of rights that an author or his beneficiaries have over original works and rights relating to the use of these works under certain conditions. The works protected by copyright are books, brochures and other literary writings, speeches, conferences, scientific works, pleadings, addresses, titles and translations, music, photos and videos that the influencer originated or that the influencer reuses, architecture (building, sculpture, etc.), fashion (clothing, bags, jewelry, etc.), design (interior of a room, furniture, etc.), beauty (makeup, tattoos and hairstyles), food (not recipes but the form that we are going to give to a dish). To learn everything about copyright and trademark rights, as well as the notion of counterfeiting, I invite you to consult this article published on the Reech blog.
Trademark law and use of content
I think it is important to understand what the brand can do freely: share the influencer's content on its social networks via the platforms' sharing tools. Indeed, the influencer has necessarily accepted the T&Cs that allow the sharing of its posts. For example, a brand can freely share on its Twitter account the link to a YouTube video by an influencer.
However, the brand cannot modify and distribute the influencer's content. It is not supposed to be able to do a mash-up (video editing), or even a regram (screenshot). It cannot reuse the influencer's content for free on other formats such as posters or TV ads, but it can negotiate it with the influencer.
If a brand uses the influencer's content without their explicit agreement, it incurs liability. In this context, the brand is exposed to sanctions that can go as far as damages for the influencer.