The influencer industry has revolutionised brand marketing and reshaped consumer behaviour—a shift that’s hardly surprising given its projected value of $48 billion by 2027. The commercial power of influencers stems from their seemingly more authentic voice compared to large corporations promoting their goods and services on traditional media. Influencers also possess the ability to generate viral content and quickly amass large followings. With this increased visibility come significant legal risks, including the threat of reputational damage to the influencers themselves and to brands associated with or referenced in their output.
At Nath Solicitors, we act for both brands and influencers when partnerships go wrong. We can assist you if, for example there is a breach of contract. We can also help you deal with the fallout from a campaign that ignites public backlash or reputational damage. We are known for taking swift, proportionate action and for providing strategic legal advice to protect rights, manage exposure and resolve disputes promptly.
The Difficult Contractual Dynamics in Influencer Agreements
Influencer collaborations often arise organically between creators. These agreements may appear straightforward, but their informality and vagueness can cause legal difficulties when it comes to exploiting the commercial value that comes from a successful campaign. Often influencer arrangements are made through Instagram direct messaging or using other social media tools. The problem with this approach is that there is no robust legal documentation to govern disputes if they arise.
Common issues include:
- Missing timelines -When was the content published and is it too late to support the principal campaign?
- Non-performance – Did the influencer fail to disclose ads or breach Advertising Standards Authority guidelines?
- Brand misuse – Did the influencer present themselves in a way that damaged the brand’s reputation?
- Ambiguous deliverables -Was the influencer required to post a certain number of times? On certain platforms? Were they required to promote specific products?
The Reputation Fallout
Given how quickly online content can be shared especially when it has gone viral, the reputational damage to a company misrepresented by influencer content can be even more devastating. A single misstep can lead to:
- Negative press coverage
- Regulatory scrutiny (e.g., Competition and Markets Authority action)
- Boycotting or public backlash
- Loss of consumer trust
Such consequences can have a detrimental impact on a brand or influencer’s credibility impacting any business, partnership and income they may have.
Response to Contract Breaches: Enforcement and Recovery
When the agreement breaks down, the parties may pursue claims for:
- Loss of commercial opportunity
- Damages for reputational harm
- Breach of Contract for failure to perform as agreed
- Injunctions to prevent further content use or association
At Nath Solicitors, we have helped many brands and influencers with these types of claims. We help with the pre-action strategy, negotiate settlements, or pursue court litigation where reputational and financial stakes are high.
Who Owns the Content? Navigating Usage Rights
When a dispute arises between an influencer and a brand they were promoting, the key issue is to determine who owns and controls the content. Questions we need to establish answers to include:
- Whether the brand owns the material or not
- Can the material be reused for future campaigns either by the brand or the influencer
- Did the agreement permit the influencer to post off-brand or behind-the-scenes material?
At Nath we are also regularly required to deal with the Intellectual Property (IP) issues that arise in influencer-brand agreements. We draft clear IP and content licensing terms in order to avoid grey areas and take prompt enforcement action when an IP infringement happens.
Crisis Response and Damage Control
During high-profile disputes, we understand that our core legal strategy must be closely aligned with PR and image management considerations. We offer:
- Joint statements or confidentiality agreements
- Strategic disengagement when the partnerships are dissolved
- Take-downs and injunctions (where urgent)
- Crisis legal support
Due to the boutique nature of Nath Solicitors and our expertise in defamation and dispute resolution, we are able to act quickly, decisively and efficiently to protect your brand’s integrity against any negative public backlash – whether you are an influencer, an ad agency or commercial brand.
Contact us
At Nath Solicitors we are specialists in influencer-related disputes and can provide tailor-made legal advice and representation. If you need assistance, please contact us on +44 (0) 203 983 8278 or get in touch with the firm online.