Negotiating terms with brands can be daunting for influencers, whether it’s your first campaign or you’re an established pro. The brands have teams of lawyers at their disposal who are preparing and negotiating their contracts, so make sure that you are well equipped with legal counsel too. It is important to have an experienced lawyer…
If you’re reading this, there’s a good chance you want to be a social media influencer. And why not? It’s a great way to make money and a lot of fun! But it’s not as easy as it looks. It would be beneficial if you did a few things to get started on the right…
Influencers live and breathe social media; they live their lives in the public eye and broadcast just about anything and everything, giving followers a behind-the-scenes look at their day-to-day activities and personal lives with a smidgen of branded or endorsed content thrown in. Brands rely heavily on social influencers to create a buzz, endorse their…
The team of influencer lawyers at Bitman O’Brien & Morat comes from various legal experiences, making our team more effective at advocating for clients and their needs. Read on to learn more about the services we offer to influencers and how our team can help you build your brand.
Intellectual Property
Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. For influencers, this can take the form of works including:
Photographs;
Videos;
Posts;
Art; and
Recordings.
Working with our Orlando Florida influencer lawyers is an ideal way for you to protect your brand to stop infringers and bad actors from using your likeness for their gain.
FTC Compliance
The Federal Trade Commission (FTC) protects consumers from deceptive business practices. Influencers may unknowingly endorse a product or service without clearly disclosing their relationship with the company, which can land them in trouble. Our team in Orlando Florida can make sure influencers comply with the law when it comes to their endorsements.
Contracts
Several endorsement deals require influencers to sign contracts. Eager at the prospect of making a living following their passion, many influencers sign these contracts without a second thought. These contracts seldom, if ever, exist to protect influencer interests and only serve to protect the company.
Furthermore, influencers can sign their livelihoods away as they enter into binding deals that restrict which endorsements they can take and even jeopardize their business. Influencers that sign contracts with companies put themselves at risk of having a company steal their posts or other content. Hiring a Lawyer to review contracts for you is important, speak with our influencer counsel today in Orlando Florida!
Negotiations
With any contract work, it is crucial to understand what is expected of both parties. Influencers are no exception. Negotiating effectively is vital if influencers want to protect and grow their brand. Our legal team can offer insight on the following:
Content expected from the influencer;
Posting frequency;
Exclusivity;
Nondisclosures; and
Audience metrics.
There are additional factors in play when it comes to effective negotiations from contracts, but our influencer counsel can ensure you benefit in the end.
Liability
When influencers become caught up in endorsements that turn out to not be reputable, be it makeup, fitness supplement, or other services, they can be held liable. Beyond having their reputation suffer, influencers may also find themselves held responsible for any financial losses consumers suffer. Our legal team in Orlando, FL can work to protect influencer interests in the event of a lawsuit.
Compensation
Influencers may forget the reason they sign endorsement deals: compensation. Compensation for influencers can vary based on the product they are endorsing and the company they are working with, but it frequently takes the below forms. Our Influencer attorneys have experience handling all three of these and more.
Flat rate: A one-time payment for a select number of content
Equity: Engagement in endorsed posts
Commission: Compensation driven from post engagement, landing pages, or promo codes
Defamation
Generally, defamation is a false statement that is published and injurious to the victim’s reputation.
The rise of social media has resulted in various different social media platforms such as Facebook, Instagram, YouTube, Snapchat, TikTok, and more. The primary function of social media is to share information. However, there is so much information being shared across these platforms each day that it is nearly impossible for social media sites to be able to screen for potentially defamatory content.
Additionally, the ability to create anonymous profiles on social media platforms has allowed individuals to post without a filter. Due to this, harmful and false statements are published every day.
With social media becoming so instrumental to how we interact with others, the attempt to harm an individual’s or business’s reputation on social media can have severe and long-lasting impacts. Defamatory statements made about you, or your business could cause harm to your reputation, loss of business or profit, and psychological damage. Thus, protecting yourself from social media defamation is crucial in this day and age.
Influencer Lawyers at Bitman O’Brien & Morat Advocate for You and Your Brand
Influencers need lawyers they can trust, which is why our team of seasoned influencer attorneys are the advocates you need to protect your livelihood and likeness.
Contact Bitman O’Brien & Morat online or call our offices for more information.
Influencer Counsel by Bitman Law: Influencer Counsel Attorneys
In the ever-changing digital world, influencers need quality counsel they can trust. The seasoned team at Influencer Counsel by Bitman Law is here to advocate for influencers on all mediums and no matter how large the following.
More and more individuals seek careers as influencers, and many can sustain themselves as their followings and endorsement deals grow. However, stories of influencers losing their livelihoods are becoming increasingly common, as unscrupulous third parties or even the platforms influencers use to take advantage of them.
Stories abound about influencers who had it all in their respective field, be it beauty, sports, or other interests, only to have their following and livelihood stolen from them – often without sufficient reason. Even worse, influencers can fall victim to unscrupulous companies or platforms using their likeness without their permission, resulting in the influencer losing revenue.
When it Comes to Influencer Law, We Read the Fine Print
While reasons for influencers being taken advantage of vary, most often, they can be attributed to contracts. Excited at the prospect of making money doing what they love, influencers are quick to sign binding contracts that can seriously affect them later down the line. Such contracts can restrict other endorsements they are allowed to take or even limit the sort of content they can create.
These contracts can not only stifle the creativity essential to staying relevant in such a competitive field, but they can also restrict revenue streams from other potential endorsement deals.
About Ronnie Bitman
Ronnie Bitman is the managing partner and co-founder of Bitman O’Brien & Morat, PLLC. He has been recognized as a Florida attorney by various publications. He is general counsel to several business clients, advising on overall business strategy, risk prevention, transactions, litigation, and appeals.
A Sports Management major heading the firm’s Sports & Entertainment practice group, Ronnie represents celebrities, TV personalities, content creators, models, athletes, musicians, and sports clubs in various business dealings and litigation matters. Ronnie acts as local (Florida) counsel for multiple firms, often handling complex and high-profile litigation for celebrity clientele such as Justin Bieber, the Estate of Michael Jackson, Kim, Khloe, and Kourtney Kardashian, Lindsay Lohan, and Meghan, the Duchess of Sussex (Markle).
Ronnie litigates a wide range of complex and unique matters, including defamation and first amendment matters, employment law, class actions, social media and influencer matters, contract negotiations/litigation, partnership disputes, and general business law. He also remains a mainstay in Florida’s consumer financial services litigation scene, overseeing one of the state’s most robust residential foreclosure practices representing banks and mortgage servicers.
Aside from handling the firm’s day-to-day management and operations, Ronnie also serves on various groups, committees, and organizations. He currently serves on the advisory board of the Greater Orlando Sports Commission, is a member of the George C. Young American Inn of Court (Orange County, FL), and is an appointee of the Florida Supreme Court, sitting on the Business Law Civil Jury Rules Committee.
Ronnie earned his undergraduate degree from the University of Michigan, Ann Arbor, and his law degree from Indiana University Maurer School of Law. He is a member of the California Bar, New York Bar, Florida Bar, and Washington D.C. Bar. He has been admitted to practice before various federal courts and the United States Supreme Court.
Influencer Lawyers for Social Media Influencers of all Sizes
Whether you have a small following on TikTok, a large following on Instagram, or several followings across numerous platforms, our influencer counsel is on your side. With social media companies so wrapped up in growth and staying competitive for users’ screen time, they have little time to spare to help those who make a living off their platforms. Know our team is here for you to protect your livelihood and likeness.
Give our team a call if you are contemplating signing a contract or have already signed an agreement. Our seasoned attorneys can help you protect your image and allow you to build your brand.
Protect Your Brand with Influencer Counsel by Bitman Law
With social media use becoming more prominent across more demographics, more individuals earn income as influencers. Influencers can earn revenue from various streams, whether product endorsements on YouTube, Instagram, or TikTok or subscriptions on OnlyFans or Patreon. There has never been a better time to earn a living as an influencer in Orlando Florida.
However, with this career being such a new market and several prominent social media platforms and companies looking to watch their bottom line, influencers are at an increased risk of losing out on compensation, followers, or their likeness.
In a Battle with a Large Company, Influencers can Lose Out
When influencers sign contracts with a brand or platform, they often put themselves at the company’s mercy. Influencers can lose more than just compensation; their entire intellectual property is at stake. Many influencers without sufficient intellectual property protection have found that brands have used their likeness without permission. That’s where our Social Media Attorneys in Orlando Florida can help you.
There have been several high-profile examples of media outlets using influencers’ photos without their consent. In many cases, these companies make millions off of photos they do not have permission to use.
It’s not just large media companies stealing from influencers, however. There are several cases of influencers with more significant followings stealing from smaller influencers. In many cases, these smaller influencers lose out on revenue. Larger verified accounts or accounts that aggregate content, at times, steal original content from smaller influencers. They typically get away with this by breaking unofficial agreements with smaller influencers or simply not asking permission to use original content. In many cases, smaller influencers will not only lose out on compensation but won’t even receive credit for their work.
A Moving Target: Intellectual Property Protection in the Digital Age
With more influencers losing out on compensation, credit for their work, or even their likeness, it’s more important than ever to seek a contract that will protect them and not large media companies.
Often influencers are so excited at the prospect of earning a living pursuing their passion that they sign contracts that put them at risk of losing everything. Often these contracts only benefit large media companies and put an influencer at their mercy. It’s not just small influencers that can fall victim to these contracts; however, there are several high-profile instances of influencers with large followings losing out on compensation. Don’t fall victim to unscrupulous companies that will use your likeness for their gain; seek out our influencer counsel today.
Protect Your Livelihood and Likeness with Influencer Counsel by Bitman Law
Proper influencer counsel can protect users from losing out on revenue, whether it’s from a large media company, aggregate accounts, or larger influencers stealing content. Our team at Bitman Law offers a variety of flat and monthly rates for influencers of all sizes and social media platforms, including TikTok, Instagram, OnlyFans, Patreon, Twitch, YouTube, and others.
Don’t lose out on revenue or your likeness by signing a contract with an unscrupulous company. Our contract law attorneys can review any agreement and work on more advantageous contracts for you and your brand.
For more information or to talk to our influencer counsel, contact us online. Our team of seasoned lawyers has the experience and knowledge of contract law to protect you and your brand.
Understanding Influencers and Influencer Law
While the field of influencer law is changing daily, the attorneys at Bitman O’Brien & Morat are tracking every development and following every detail to be as effective as possible.
Influencers operate across various platforms, including Instagram, Facebook, TikTok, and others, which presents a variety of needs our legal team can address. Read on to learn more about this growing field.
Understanding the Caliber of Influencers
The caliber of influencers describes their number of followers, though how they operate varies.
Nano-influencers (1K–10K followers): These influencers have smaller, dedicated audiences and generally higher engagement rates. They typically occupy a niche market and are very involved with their followers.
Micro-influencers (10K–100K followers): Micro-influencers are in the middle of the bell curve and occupy most of the market. They typically have a general appeal and high engagement rates.
Macro-influencers (100K–1M followers): These influencers have enormous appeal across various interests and markets. Typically, a single, well-executed post can drive a large amount of engagement and conversions.
Mega or celebrity influencers (1M+ followers): These influencers are often celebrities in a field such as music or television. They can also be savvy micro-influencers who grew their brand over the years and branched out into different platforms and mediums. Endorsements with these influencers come at a high cost but lead to maximum engagement.
Types of Influencers
Influencers and content creators can take different roles across various platforms and mediums. Below are a few of the influencers our legal team represents.
Vloggers/Bloggers: These influencers often work on YouTube, their own personal written blog, or both.
Celebrities: These are influencers that started in another field, such as music or television, but can also be influencers who grew their following to such proportions that their career is beginning to move into other mediums.
Social Media Influencers: These influencers typically occupy a specific niche across several platforms. Their content can include anything from makeup to lifestyle, fitness, outdoors, parenting, gaming, or any other interest.
Activists:These influencers have a dedicated following and can be crucial when endorsing political candidates. Their content and observations can influence local, state, or even national elections.
Journalists/Writers: With the freelance market growing exponentially, several journalists and writers are choosing to create blogs and content that reflect their views and not that of a publication. Like activists, they can significantly sway public opinion.
Thought Leaders: Often highly experienced in their field, thought leaders are respected individuals who influence an entire industry.
Influencer Lawyers at Bitman O’Brien & Morat Advocate for Influencers of all Sizes and Markets
Whether you are a nano-influencer in a niche market or a thought leader for an entire industry, our influencer counsel at Bitman O’Brien & Morat can advocate for you and your needs.
Contact us online for more information on our services.
CONTACT
E-mail
info@influencer-counsel.com
Phone
407-815-3110
Orlando
615 Crescent Executive Ct., Suite 212 • Lake Mary, FL 32746
Miami
2525 Ponce de Leon Blvd, Suite 300 • Coral Gables, FL 33134
Tampa
400 N Tampa St, Suite 1450 • Tampa, FL 33602
Ft. Lauderdale
101 NE 3rd Ave, Suite 1500 • Fort Lauderdale, FL 33301
Ronnie Bitman is the managing partner and co-founder of 
