REHKATSCH Att­or­neys at Law

Spe­cia­list law firm

For influen­cers / social media

For influen­cers, blog­gers or other social media crea­tors, we offer advice in various legal are­as. In some cases, this invol­ves very spe­ci­fic legal issues or the draf­ting of con­tracts. We deal with the fol­lo­wing issues on a regu­lar basis:

1. model/photo release agree­ments: this often invol­ves the spe­ci­fic gran­ting of rights of use in terms of con­tent, space or time, or even the ques­ti­on of exclu­si­vi­ty. Atten­ti­on should be paid to labe­l­ing requi­re­ments, con­fi­den­tia­li­ty and lia­bi­li­ty issues.

2. adver­ti­sing law: Influen­cers must ensu­re that they com­ply with the legal regu­la­ti­ons for adver­ti­sing and labe­l­ing. This includes dis­clo­sure of paid part­ner­ships, com­pli­ance with labe­l­ing requi­re­ments for spon­so­red con­tent, and avo­i­ding mis­lea­ding adver­ti­sing. Par­ti­cu­lar atten­ti­on should be paid to the case law of the Fede­ral Court of Jus­ti­ce.

3. copy­right: influen­cers should ensu­re that they do not use copy­righ­ted con­tent wit­hout obtai­ning the neces­sa­ry per­mis­si­ons or licen­ses. This appli­es in par­ti­cu­lar to the use of music, images, vide­os or quo­tes from other peo­p­le.

4. data pro­tec­tion: per­so­nal data is often pro­ces­sed, whe­ther from fol­lo­wers or from part­ners. It is important to com­ply with appli­ca­ble data pro­tec­tion laws, such as obtai­ning the neces­sa­ry con­sent for data pro­ces­sing and ensu­ring appro­pria­te secu­ri­ty mea­su­res (GDPR).

5. agen­cy and manage­ment con­tracts: here the­re are a num­ber of pit­falls to con­sider when con­clu­ding such con­tracts, which can have far-rea­ching con­se­quen­ces. This invol­ves terms, sever­ance clau­ses, ter­mi­na­ti­on opti­ons or even the ques­ti­on of final decis­i­on rights.

6. trade­mark law: Influen­cers should ensu­re that they do not inf­rin­ge any trade­mark rights of third par­ties, whe­ther through the use of pro­tec­ted brand names, logos or other pro­tec­ted marks. It is advi­sa­ble to con­duct your own trade­mark sear­ches befo­re using or app­ly­ing for new brand names or logos.

7. beau­ty / fashion / music drops are com­mon ways to get ahead finan­ci­al­ly. The­re are many legal aspects to con­sider, no mat­ter if you want to found your own music label, pro­du­ce fashion samples abroad or app­ly for a design for beau­ty pro­ducts.

8. tax law: Influen­cers must pay pro­per tax on their inco­me from spon­sor­ship deals, pro­duct pla­ce­ments or other sources. Here it is advi­sa­ble to find out about the tax obli­ga­ti­ons.

You’­re into social media and Tik­Tok, Insta­gram or You­Tube are your 2nd home? If you have any legal ques­ti­ons, you can cont­act us at any time and we will be hap­py to help you.

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