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While being an influencer and working with brands might feel like the Wild West, it’s actually a multi-billion dollar industry that is growing every year. At the end of the day, brand deals are business transactions and should be approached professionally. This article shares some of the most important reasons why influencers and content creators should work with an attorney during brand deals.

I know that hiring an attorney can feel intimidating, which is why I started a law firm that puts creators first. When you work with Kate Cooper Law you not only work with an attorney with contract and litigation experience, but you also work with someone who has experience working with brands as a creator.

An Attorney Can Ensure Your Contract is Fair

Arguably the biggest reason to work with an attorney during a brand deal is to ensure that the terms of your contract are fair. During most brand deals the brand is going to provide the contract, however it’s likely going to be drafted to protect the brand, not you. It’s up to you to redline your contract and negotiate equitable terms, which is where working with an attorney can be invaluable.

It’s very common to see one-sided contract provisions, surprise terms, or details that don’t align with what you discussed with the brand. Not only can an attorney ensure that the contract appropriately reflects the terms of your partnership, they can also make sure that your legal rights are protected.

The creator economy is still a burgeoning industry that many attorneys are unfamiliar with, which is one reason why I suspect so many brand deal contracts are objectively unfair. Hiring an attorney who understands influencer marketing from the creator point of view can give you a unique advantage when it comes to issue spotting in your contract and protecting your intellectual property, income, and legal interests.

An Attorney Can Provide Peace of Mind

Another reason why influencers should hire an attorney to review their contracts is to get reliable legal protection and peace of mind. While there are a lot of resources out there to help you review your own contracts (including the Kate Cooper Law blog), you don’t know what you don’t know. I’ve seen some funky contract disputes as a litigation attorney, and know what it takes to have an enforceable contract.

Outsourcing your contract reviews to an attorney not only helps you save valuable time, it also takes stress off your plate. Attorneys also owe clients a fiduciary duty, which means that they have to keep YOUR best interest in mind and avoid conflicts of interest. Ultimately, an attorney is someone you can trust and having one on your team should feel like a weight has been taken off of your shoulders.

Only An Attorney Can Legally & Ethically Provide Legal Advice 

I think there’s a common misconception that if an influencer is working with a manger then they don’t need to worry about contracts anymore. This might ruffle some feathers, but I don’t think influencer managers should be redlining contracts, unless they are also working with legal counsel.

While a manager can certainly verify basics like deliverables or payment terms, once you start making changes to terms that affect a creator’s legal rights, it begins to fall outside of the scope of a manager’s role (and may be considered the unauthorized practice of law in certain places).

There are industry norms managers should be aware of, influencer contracts are not standardized, which means there are a lot of things that could be included that pose legal risks that a non-lawyer could easily miss. Ultimately, your manager is there to help you negotiate a good deal, and your lawyer is there to help make sure the contract terms don’t screw you over.

The influencer industry is largely unregulated, which means that anyone can call themselves a manager (unlike talent agents, which are regulated in states with a heavy entertainment industry presence, like California and New York). While there are some fantastic agencies out there, I’ve also seen and heard enough horror stories to encourage creators to vet managers and agencies carefully. Make sure they have legal counsel on their team and get your management contract reviewed by an attorney before signing.

What an Influencer Attorney Does:

• Helps translate legal jargon into plain English.
• Identifies red flags and explains what they actually mean for you and your content.
• Helps you understand what you’re agreeing to before it’s too late.
• Suggests edits and helps you negotiate better contract terms.
• Protects your content and time.
• Helps you maintain professional relationships for future brand deals.

How Much Does it Cost to Have an Attorney Review a Brand Deal Contract?

Some influencer contact attorneys charge a percentage of the brand deal (typically substantially less than a manager’s cut) to review a contract, while other law firms, including Kate Cooper Law, offer flat fee rates.

At Kate Cooper Law brand deal contract reviews with redlines start at $750 for contracts up to 10 pages long. Discounts are provided for multiple contract reviews or monthly retainer packages. Learn more during a free consultation.

Hire an Influencer Attorney to Review Your Brand Deals:

You’ve spent valuable time building your personal brand, growing an engaged audience, and landing paid opportunities. Hiring an attorney to assist you with contract reviews ensures that all of that hard work is respected and protected.

Kate Cooper Law offers brand deal contract reviews so you can get legal peace of mind and focus on what the brand is hiring you to do – create awesome content!

Schedule a contract review consultation!

The information contained in “Why Influencers and Content Creators Should Work With an Attorney During Brand Deals“ is for informational and educational purposes only. It is not to be construed as legal advice. Reading this article or relying on information from this article does not ever create an attorney-client relationship between you and Katherine Jaquith (aka Kate Cooper). Please speak with a licensed attorney for individual advice.