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The new app will be created from the Facebook brand. With facebook owning multiple social networks, having its very own payment features such as Insta Shop and Facebook Pay, and even its cryptocurrencies it would make sense. As well as the messaging aspect, writing reviews, Facebook already do this and is already popularly used by businesses and influencers.

Facebook is also well known making it more trustworthy than to come out with a new brand. Facebook is also always ahead of trends and innovative, so for them to spot the influencer trend and act on it would be good for them.

Trust pilot however are trustworthy and are good for reviews, they don't have an app (increase in mcommerce) and also don't do any payment methods (increase in contactless payments).

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Similar network to Facebook however will just be for influencers and businesses to contact eachother, review one another and for payment. As facebook has many links to Instagram, Youtube, influencers can link their 'influencer' account to this app to be verified, and businesses can do the same with the 'business' accounts.

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Payments will be made using Paypal. Not only is this safe due to the protection factor, Facebook already have a partnership with Paypal. If the business and influencer are working on a 'gifted' promotion, this can still be logged and if the influencer doesn't do what agreed, Paypal are able to take out the money from the influencers account for the clothes they were gifted.

In the US:
Facebook is making a new push into the payments space by expanding its partnership with PayPal. Facebook Messenger users can now send and request money directly in the app via their PayPal accounts. Facebook Messenger and PayPal initially partnered last year to enable customers to link their accounts and use PayPal to shop on Messenger. The new announcement expands the partnership into peer-to-peer payments.
https://www.cnbc.com/2017/10/20/facebook-messenger-send-money-with-paypal.html

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Businesses usually don't use Paypal because of the fees. The PayPal percentage can change depending on varying factors, such as your location, the country you’re sending money to/receiving from, if you have a business account or a personal account.

For example, in the UK, selling domestically incurs a fee of 0.20p + 3.4% of the transaction or the US is

$0.30 + 2.9% of the transaction amount

https://blog.sellfy.com/how-much-paypal-charge-in-fees/

This could be a problem with influencers who usually have their money transferred straight to their account. Though, for influencers with a whole management, a 3.4% transaction fee might be a lot less than the % their management takes which could be a positive. As well as having these reviews could get them more noticed to do more influencing making them more money in the long haul.

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In January 2019, as a result of our action, 16 influencers such as Alexa Chung and Zoe Sugg agreed to change the way they label their posts. Consumer protection law relates to influencer marketing and is designed to protect audiences from being misled by not getting the full picture. It requires anyone endorsing a product or service on social media to disclose clearly and prominently when they have received any payment, benefit (such as a free gift) or any other incentive. Also, influencers should not give the impression that they are genuine customers when they are not. For example, if you give the impression that you have personally purchased and/or personally used something when you have not, you could be falling foul of the law.

Though this law is more directed at protecting the consumers, rather than businesses or the actual influencers.

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Influencer Case Study - ‘Influencers are being taken advantage of’: the social media stars turning to unions

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Influencer Case Study - ‘Influencers are being taken advantage of’: the social media stars turning to unions

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Amy Hart on 12 May this year, Hart influenced her followers in an entirely different direction. “Join a union!” the 28-year-old wrote on Twitter, above a 14-second video. “We’re in a really uncertain time when it comes to work and your rights and legislation,” she said. “If I can give you one piece of advice: join a union. They were my absolute saving grace when I was employed by a big company.” She laments that, as an influencer, her job is too “niche” for unionisation.

At the end of June, fashion blogger Nicole Ocran, 32, and influencer expert Kat Molesworth, 40, teamed up to launch The Creator Union (TCU), the UK’s first union for digital content creators as a need to represent creators and bloggers to ensure that they are treated fairly in all aspects of their work but it's social media today isn't even active. Can a union really fix these problems? The industry is hypercompetitive, and Duffy notes that influencers aren’t really colleagues with a “shop floor” where they can rally together. And because they are self-employed, they don’t have traditional employee rights. In 2016, YouTuber Hank Green created – and poured $50,000 (£39,000) into – the Internet Creators Guild (ICG), designed to protect and aid content creators. But last year ICG closed down due to a lack of interest, among other things: “Creators with big audiences often don’t feel the need for support from a collective voice,” read its final statement.

in the UK only 4.4% of trade union members are aged between 16 and 24, while 40% are 50 or older. Becky Wright, executive director of Unions 21, a thinktank for trade unions, tells me that when it comes to young people, “most like the idea of unions but don’t see the need to join”.

Wright explains that part of the problem is young people believe they can handle issues at work on their own. “It’s a case of atomisation – people are encouraged to see themselves as individuals and to see individual paths through. People have their own personal brand,” she explains. “We’re now so far removed from ideas of collective agreement in workplaces that people just don’t really understand them.”

Unions 21 has also found that young people are reluctant to pay for union membership. “As a nation, we’ve got used to this idea of cheap membership,” Wright says, citing Netflix’s £5.99 monthly fee. “To join a union, to help it run, and to get all the things you want from it, costs significantly more.” (The ICG had a $60 [£47] annual fee.) When asked what can be done to change these attitudes, Wright laughs: “Cry in a corner.

Though, there are influencer management agencies that usually handled the legistation for influencers to make sure they are protected, being paid and getting jobs. Though, there still isn't much legalisation with these agencies. In 2018, American technology reporter Taylor Lorenz revealed that the talent management agency Speakr owed influencers thousands in unpaid fees. The influencers Lorenz interviewed had posted ad campaigns orchestrated by Speakr – whose clients include Ford, Disney, Microsoft and Sony – but their invoices remained unpaid for months. A then 22-year-old influencer who was owed $4,000 (£3,100) by Speakr took the company to a small-claims court; the judge ruled in his favour.

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‘Influencers are being taken advantage of’: the social media stars turning to unions

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The influencer industry is worth billions – but Instagram and YouTube content creators are often exploited. What happens when a personal brand joins a union?

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After the killing of George Floyd and the ensuing global Black Lives Matter protests this May, Ocran and other creators of colour suddenly found their inboxes flooded with brands hoping to work with them. “All of a sudden it was like, ‘Oh, we need you to take over our social media, we need you to do this, that’, when normally you’re largely ignored,” Ocran says, adding that many black influencers were asked to work for nothing during this time. On 8 June, an Instagram account was set up by London-based talent agent Adesuwa Ajayi, entitled Influencer Pay Gap; it revealed (via anonymous submissions) that Black influencers were regularly being paid less than their white counterparts. “LGBTQ+ creators, disabled creators, plus-size creators and Black and brown influencers are constantly being asked to work for free,” Ocran says.

Stephanie Yeboah is a black plus-size blogger, influencer and author with 179,000 Instagram followers. In 2015, Yeboah discovered that a white influencer was being paid more than she was for the exact same advertising campaign. “I was accidentally cc’d into an email that discussed the rates of another content creator, and found out they were getting paid over £1,000 more than me, even though my follower count and engagement was higher,” Yeboah says. The experience made her feel “incredibly undervalued and disposable”.

She didn’t confront the brand; with no manager, she felt ill-equipped to do so. TCU hopes to help smaller content creators without managers or lawyers; legal advice in the industry, Molesworth notes, is “completely lacking”. This causes problems when brands create complex contracts that trick influencers into signing away their rights or committing themselves to impossible targets.

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‘Influencers are being taken advantage of’: the social media stars turning to unions

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The influencer industry is worth billions – but Instagram and YouTube content creators are often exploited. What happens when a personal brand joins a union?

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• Plays on a huge trend in marketing currently (Influencer Marketing) which is continuously growing, as well as using an app as the desktop is being made slightly redundant.

• There isn't an app that protects and authorises/legalises both influencers and businesses like this yet.

• Need as some influencers are being exploited by management or businesses and aren't being paid, and some businesses are being exploited by influencers using their platform to 'steal' products or services.

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• Facing competition from several other brands.

• Not everyone has a PayPal account and prefer other payment methods such as ApplePay or credit/debit card.

• If people need a refund, PayPal has a non refund policy on their transaction fee which people may not like.

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• To have a direct messaging option on the app for businesses and influencers, helping separate their messages from other social media types from fans, spam, followers etc.

• For more influencers and businesses to be noticed.

• Isn't an app, union like this.

• Use of a memberships to increase profitability, like Linkedin Premium.

• Paypal becoming more popular as  PayPal Is Moving Aggressively To In-Store Contactless Payments Tapping A $19B Opportunity
https://www.forbes.com/sites/pamdanziger/2021/03/01/paypal-is-moving-aggressively-to-in-store-contactless-payments-tapping-a-19b-opportunity/?sh=36e37ca625d1

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• In order for the commerciality of this, similar to the Depop model, this app will take a % of each transaction as well as the transaction fee from Paypal which may cause people to not use it. Businesses/ or influencers to instead pay people directly through Paypal to avoid the transaction fee from the app.

• Competitors copying.

• Influencers not using the service due to risk of getting 'bad' reviews.

• New government rules may occur to add more legalisation to the industry which could mean no need for the app.

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• In the US, PayPal will track the payment volume of your account(s) to check whether your payment volume exceeds both of these levels in a calendar year where then individuals will have to start paying tax where influencers may of usually tried to avoid:

$20,000 USD in gross payment volume from sales of goods or services in a single calendar year

200 payments for goods or services in the same year*

https://www.paypal.com/uk/smarthelp/article/how-does-paypal-report-my-sales-to-the-irs-will-i-receive-a-tax-form-1099-k-faq729

• The UK also has the standard Personal Allowance is £12,570, which is the amount of income you do not have to pay tax on and could be more monitored.

https://www.gov.uk/income-tax-rates

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• Exchange rates if paying an influencer abroad.

• Influencer industry to be worth over $15 billion by 2022.

• Influencers don't have a set wage, their fee is dependant on their followers, engagement rate, or personal choice so it's ever changing and don't have a set minimum wage.

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• Some influencers and businesses can get called out for social issues. Consumers are becoming more conscious about social issues and are looking for brands/influencers who take action and not just words.

• 79% of consumers prefer influencer content to celebrity ads and endorsements. Consumers question the authenticity of a celebrity brand partnership and have a higher level of trust for influencers causing it to be one of the favourite marketing methods for consumers and why it's become such an ongoing trend.

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• 90% of individuals mobile time is spent in apps, and only 10% browsing the rest of the internet due to preference of using apps, compared to mobile sites.
https://jmango360.com/mobile-app-vs-mobile-website-statistics/

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• Legal agreements between business and influencer.

• Consumer protection law where people are entitled for refunds etc. As well as Influencers properly using the 'ad' in their caption.

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• Increasing the usage of influencers which influences consumers on buying more stuff that may not entirely need.

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Brand services agreement
These agreements comprise the main contract forming the commercial and legal basis of any influencer marketing campaign. They set out the respective obligations of the brand, agency and talent that are involved. These contracts contain the terms on which the influencer provides the marketing services to the brand, whether acting through a platform, agency or working directly with the brand itself.

These agreements will contain, as a minimum, the commercial terms of the deal, namely details of the parties involved, the campaign period, the deliverables required and platforms involved, the posting dates, fee and payment schedules, any exclusivity obligations, travel and expenses (to the extent such are required) and usage rights over the content being produced. More comprehensive agreements will have legal terms attached to the commercial terms.

The legal terms cover the operative legal aspects of the influencer marketing arrangement, for example, who is responsible for what, who is liable when things go wrong, whether there are any insurance obligations on the parties, the brand's and influencer’s adherence to consumer protection legislation and relevant regulators' guidelines, whether either party has the right to terminate the agreement and under what specific circumstances do those rights arise, who owns the intellectual property in the deliverables produced, whether there are so-called morality provisions that refer to public-facing behaviour obligations as well as any reputational issues and 'boilerplate' terms which refer to the standardised key terms of the contract, such as the governing law and jurisdiction of the contract.

Having a watertight brand services agreement provides clarity and peace of mind. It is akin to standard terms and conditions for an online marketing transaction. It is designed to make the marketing campaign more efficient and, more importantly, it is the blueprint that you can rely on should things go awry.

Non-disclosure agreements (or NDAs)
Whilst not specific to the influencer marketing sector, NDAs are nonetheless key. They are contracts that are used when parties wish to discuss commercial projects that might be of a commercially sensitive nature. NDAs create a safe space for allowing the exchange of that information by preventing the recipient of that information from exploiting it to the detriment of the disclosing party by placing restrictions on how that information may or may not be used. Information is protected through the law of confidence and NDAs help to create a relationship of confidence necessary to protect confidential and commercially information from unauthorised uses.

It is important to remember that there are no intellectual property rights in ‘information’ in the strict sense; intellectual property rights protect the expression of ideas in certain forms in which they are recorded, whether it be through unregistered rights such copyright or registered rights such as trademarks and patents.

Whilst most brand services agreements will contain confidentiality obligations within the legal terms, NDAs might be used by parties at the pre-contract stage. For example, a brand may wish to engage an influencer with respect to a new product launch but cannot tell the influencer what that product is prior to the influencer signing the NDA so as to prevent any potential unauthorised leaks to the public (and possibly competitors).

Ethical commitment agreements
Ethical commitment agreements tend to be short agreements in which influencers promise to adhere to certain ethical policies of a brand.

These agreements have been increasingly deployed by larger house-hold name brands, in particular, due to their vast global reputations. One bad bit of press for these brands can be catastrophic to their overall image and can significantly impact their profit margins. This might be the case where a brand has invested lots of money into establishing its values and being perceived in a certain way, which can be easily undone in the eyes of the public if it were to engage an influencer who is revealed to have posted content espousing or embodying very different and possibly damaging views.

These agreements tend to be more important for the brands than the influencer and are used as a precautionary measure to ensure that the influencer is committed to the brand’s values. You may come across these agreements as an appendix to a brand services agreement or as part of the standard T&Cs used when a brand on-boards an influencer as a content 'supplier'.

The level of obligations in respect of these agreements can vary. For instance, they can involve a simple declaration agreeing to those brand values or others can involve wide-reaching and onerous provisions requiring an influencer to audit their entire social media presence and promise that nothing has ever been said, liked, shared or posted that could possibly be detrimental to the brand (quite a big ask!).

Data protection agreements
Data protection agreements have arisen from increased data protection and regulation across the board, in particular, due to the General Data Protection Regulations (GDPR) which came into effect in May 2018. They are used to ensure that the flow of information between a data controller and a data processor (or sub-processors) is protected adequately and in line with GDPR and equivalent data protection legislation.

The purpose of GDPR and data protection legislation is, broadly speaking, to ensure that people’s personal data is not being used for reasons that they have not consented to and/or being shared with parties that they are not aware of in jurisdictions without adequate data protection regimes.

In the world of influencer marketing, information is being shared all the time, particularly because statistical data on user engagement is key to determining strategy and also a key performance indicator for the purpose of ROI. To this end, an influencer should be alive to the fact that some comments or social media profiles may contain names, photographs or other personal data of a data subject. Whilst that data subject will be subject to the relevant platform’s terms and conditions, extracting that information and processing that personal data on behalf of a brand for individual marketing purposes may not be something that is expressly permitted. When sharing such information, the best approach would be to use anonymised data only.

A breach of the GDPR can lead to a maximum fine equal to €20million or 4% of annual global turnover—whichever is greater. You can start to understand why some brands have taken the precautionary approach with data protection agreements to ensure that any suppliers within its supply chain (of content or otherwise) are in lockstep with GDPR protocols.

Assignments agreements
An assignment agreement is an instrument which transfers the ownership in intellectual property rights from the owner (Assignor) to the new owner (Assignee). For an assignment to be effective, it must be in writing.

One of the main intellectual property rights that concern content creators is copyright. Copyright protects the expression of ideas in the form of various creative works such as artworks, literary works, songs, video recordings and films - just to mention a few. Copyright is known as an unregistered right and it will arise automatically upon creation by the first author. So, although a brand might pay for the content, they will technically not own that content unless it is expressly assigned to them in writing. Assignment provisions will often be included in brand services agreements if a brand is wanting a full buy-out of the content.

Separate assignment agreements are particularly important when more than one person is involved in creating that particular content. One example where an assignment agreement would be required is where an influencer had their friend film them whilst they featured in the frame (which is often the case unless the influencer has a drone following them or they exclusively shot their content with selfie sticks). In this example, the influencer’s friend would technically own the content being shot because they are the first author and, although they are not subject to the brand services agreement, the influencer who is would be wise to get an assignment in writing from their friend so that they have cleared the rights in that content in order to sell it to a brand.

Licence agreements
A licence agreement is similar to an assignment agreement but it does not transfer ownership. It is an instrument which gives permission from the owner (Licensor) to a person or company wishing to use that particular right (Licensee).

Normally licences will be limited for a predetermined period of time and/or for a specific purpose – but they can equally be granted on an irrevocable, perpetual and royalty-free basis, which is almost like owning the content.

Licence provisions will normally be included in a brand services agreement, however, they are equally used outside of the brand services agreement when third parties are involved. One example where a licence agreement would be required is where a person or company wants to use a song on a video that they have shot. The owner of the song is unlikely to ‘assign’ all of their rights in that song and so may grant a licence instead to use it in the video instead.

Advertising Standards Authority (ASA) CAP Code and Consumer Protection Legislation
Whilst not a legal agreement in of itself – the ASA’s CAP Code and its influencer marketing guidelines, as well as consumer protection regulations, are pervasive and form the regulatory and statutory rules with which both brands and influencers alike are required to comply.

It is important that both brands and influencers are up to date with the most recent rules and guidelines, in particular with respect to disclosure practices. The power to influence the consumer's decision to spend their hard-earned money is not taken lightly by the regulators. Accordingly, they will pursue instances where the underlying commercial relationship between a brand and an influencer is not clear to the viewer as this has the propensity to distort the marketplace and ultimately harm consumers.

The regulators have repeatedly stressed the need for disclosure in such forms as ‘#AD’ in a clear and obvious manner. ASA complaints and CMA investigations can negatively impact an influencer's and/or brand's reputation and can be particularly costly to manage in terms of time and legal fees. It is therefore important to keep on the right side of the regulations.

As part of the agency, brand or influencer team having specialist legal and business affairs support will lead to better more professional deals and less problematic issues moving forwards.

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The exponential growth of influencer marketing has caught the eyes of many across the commercial landscape. It is an area that has become fundamental to almost every modern marketing campaign and has grown to a $10billion industry in its own right in a comparatively short amount of time.

The popularity and growth of this industry have not come without its challenges, however. For example, in August 2018 the Competition & Markets Authority (CMA) launched a probe into the practices of certain celebrities and online stars engaged in brand marketing and advertisements. The CMA published its findings in January 2019, drawing the rules of disclosure and compliance with consumer protection legislation into the spotlight. The CMA's call for heightened scrutiny highlighted that this industry is not as simple as posting a selfie in exchange for some money, as some believe.

The CMA investigation was a pivotal and highly publicised moment, which sent a clear message to the industry, namely that all incumbents involved in this sector need to be alive to the complex web-work of commercial and legal rules and regulations that surround this space. This article explores some of the legal agreements that you might come across in the industry and provides an insight as to why they are important.

What legal agreements should you use when engaging an influencer?
Brand services agreement
These agreements comprise the main contract forming the commercial and legal basis of any influencer marketing campaign. They set out the respective obligations of the brand, agency and talent that are involved. These contracts contain the terms on which the influencer provides the marketing services to the brand, whether acting through a platform, agency or working directly with the brand itself.

These agreements will contain, as a minimum, the commercial terms of the deal, namely details of the parties involved, the campaign period, the deliverables required and platforms involved, the posting dates, fee and payment schedules, any exclusivity obligations, travel and expenses (to the extent such are required) and usage rights over the content being produced. More comprehensive agreements will have legal terms attached to the commercial terms.

The legal terms cover the operative legal aspects of the influencer marketing arrangement, for example, who is responsible for what, who is liable when things go wrong, whether there are any insurance obligations on the parties, the brand's and influencer's adherence to consumer protection legislation and relevant regulators' guidelines, whether either party has the right to terminate the agreement and under what specific circumstances do those rights arise, who owns the intellectual property in the deliverables produced, whether there are so-called morality provisions that refer to public-facing behaviour obligations as well as any reputational issues and 'boilerplate' terms which refer to the standardised key terms of the contract, such as the governing law and jurisdiction of the contract.

Having a watertight brand services agreement provides clarity and peace of mind. It is akin to standard terms and conditions for an online marketing transaction. It is designed to make the marketing campaign more efficient and, more importantly, it is the blueprint that you can rely on should things go awry.
Non-disclosure agreements (or NDAs)
Whilst not specific to the influencer marketing sector, NDAs are nonetheless key. They are contracts that are used when parties wish to discuss commercial projects that might be of a commercially sensitive nature. NDAs create a safe space for allowing the exchange of that information by preventing the recipient of that information from exploiting it to the detriment of the disclosing party by placing restrictions on how that information may or may not be used. Information is protected through the law of confidence and NDAs help to create a relationship of confidence necessary to protect confidential and commercially information from unauthorised uses.

It is important to remember that there are no intellectual property rights in 'information' in the strict sense; intellectual property rights protect the expression of ideas in certain forms in which they are recorded, whether it be through unregistered rights such copyright or registered rights such as trademarks and patents.

Whilst most brand services agreements will contain confidentiality obligations within the legal terms, NDAs might be used by parties at the pre-contract stage. For example, a brand may wish to engage an influencer with respect to a new product launch but cannot tell the influencer what that product is prior to the influencer signing the NDA so as to prevent any potential unauthorised leaks to the public (and possibly competitors).
Ethical commitment agreements
Ethical commitment agreements tend to be short agreements in which influencers promise to adhere to certain ethical policies of a brand.

These agreements have been increasingly deployed by larger house-hold name brands, in particular, due to their vast global reputations. One bad bit of press for these brands can be catastrophic to their overall image and can significantly impact their profit margins. This might be the case where a brand has invested lots of money into establishing its values and being perceived in a certain way, which can be easily undone in the eyes of the public if it were to engage an influencer who is revealed to have posted content espousing or embodying very different and possibly damaging views.

These agreements tend to be more important for the brands than the influencer and are used as a precautionary measure to ensure that the influencer is committed to the brand's values. You may come across these agreements as an appendix to a brand services agreement or as part of the standard T&Cs used when a brand on-boards an influencer as a content 'supplier'.

The level of obligations in respect of these agreements can vary. For instance, they can involve a simple declaration agreeing to those brand values or others can involve wide-reaching and onerous provisions requiring an influencer to audit their entire social media presence and promise that nothing has ever been said, liked, shared or posted that could possibly be detrimental to the brand (quite a big ask!).
Data protection agreements
Data protection agreements have arisen from increased data protection and regulation across the board, in particular, due to the General Data Protection Regulations (GDPR) which came into effect in May 2018. They are used to ensure that the flow of information between a data controller and a data processor (or sub-processors) is protected adequately and in line with GDPR and equivalent data protection legislation.

The purpose of GDPR and data protection legislation is, broadly speaking, to ensure that people's personal data is not being used for reasons that they have not consented to and/or being shared with parties that they are not aware of in jurisdictions without adequate data protection regimes.

In the world of influencer marketing, information is being shared all the time, particularly because statistical data on user engagement is key to determining strategy and also a key performance indicator for the purpose of ROI. To this end, an influencer should be alive to the fact that some comments or social media profiles may contain names, photographs or other personal data of a data subject. Whilst that data subject will be subject to the relevant platform's terms and conditions, extracting that information and processing that personal data on behalf of a brand for individual marketing purposes may not be something that is expressly permitted. When sharing such information, the best approach would be to use anonymised data only.

A breach of the GDPR can lead to a maximum fine equal to €20million or 4% of annual global turnover-whichever is greater. You can start to understand why some brands have taken the precautionary approach with data protection agreements to ensure that any suppliers within its supply chain (of content or otherwise) are in lockstep with GDPR protocols.
Assignments agreements
An assignment agreement is an instrument which transfers the ownership in intellectual property rights from the owner (Assignor) to the new owner (Assignee). For an assignment to be effective, it must be in writing.

One of the main intellectual property rights that concern content creators is copyright. Copyright protects the expression of ideas in the form of various creative works such as artworks, literary works, songs, video recordings and films - just to mention a few. Copyright is known as an unregistered right and it will arise automatically upon creation by the first author. So, although a brand might pay for the content, they will technically not own that content unless it is expressly assigned to them in writing. Assignment provisions will often be included in brand services agreements if a brand is wanting a full buy-out of the content.

Separate assignment agreements are particularly important when more than one person is involved in creating that particular content. One example where an assignment agreement would be required is where an influencer had their friend film them whilst they featured in the frame (which is often the case unless the influencer has a drone following them or they exclusively shot their content with selfie sticks). In this example, the influencer's friend would technically own the content being shot because they are the first author and, although they are not subject to the brand services agreement, the influencer who is would be wise to get an assignment in writing from their friend so that they have cleared the rights in that content in order to sell it to a brand.
Licence agreements
A licence agreement is similar to an assignment agreement but it does not transfer ownership. It is an instrument which gives permission from the owner (Licensor) to a person or company wishing to use that particular right (Licensee).

Normally licences will be limited for a predetermined period of time and/or for a specific purpose - but they can equally be granted on an irrevocable, perpetual and royalty-free basis, which is almost like owning the content.

Licence provisions will normally be included in a brand services agreement, however, they are equally used outside of the brand services agreement when third parties are involved. One example where a licence agreement would be required is where a person or company wants to use a song on a video that they have shot. The owner of the song is unlikely to 'assign' all of their rights in that song and so may grant a licence instead to use it in the video instead.
Advertising Standards Authority (ASA) CAP Code and Consumer Protection Legislation
Whilst not a legal agreement in of itself - the ASA's CAP Code and its influencer marketing guidelines, as well as consumer protection regulations, are pervasive and form the regulatory and statutory rules with which both brands and influencers alike are required to comply.

It is important that both brands and influencers are up to date with the most recent rules and guidelines, in particular with respect to disclosure practices. The power to influence the consumer's decision to spend their hard-earned money is not taken lightly by the regulators. Accordingly, they will pursue instances where the underlying commercial relationship between a brand and an influencer is not clear to the viewer as this has the propensity to distort the marketplace and ultimately harm consumers.

The regulators have repeatedly stressed the need for disclosure in such forms as '#AD' in a clear and obvious manner. ASA complaints and CMA investigations can negatively impact an influencer's and/or brand's reputation and can be particularly costly to manage in terms of time and legal fees. It is therefore important to keep on the right side of the regulations.

As part of the agency, brand or influencer team having specialist legal and business affairs support will lead to better more professional deals and less problematic issues moving forwards.
By Tahir Basheer, Partner at Sheridans. Tahir is a specialist in digital media law. He works with influencers, brands, agencies and digital platforms. He also founded the firm's technology practice and headed up their branding practice.

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The Legal Issues That Influencers and Marketers Must Get Right

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The exponential growth of influencer marketing has caught the eyes of many across the commercial landscape. It is an area that has become fundamental to almost every modern marketing campaign and has grown to a $10billion industry in its own right in a comparatively short amount of time. The popular...

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The importance for this is that a lot of businesses and influencers are being taken advantaged of this trend and there isn't much regulation on it.

Talent management agency Speakr owed influencers thousands in unpaid fees, where a then 22 year old influencer who was owed £3100 took Speakr to a small claims court which can be costly and time consuming.
https://www.theguardian.com/media/2020/oct/10/influencers-are-being-taken-advantage-of-the-social-media-stars-turning-to-unions

And as for businesses, when an influencer with double the amount of followers as you has 'stolen' from your business, there also isn't much you can do. Phantom Jewels had to take to Tiktok to expose influencer Amber Turner who reached out to "gift in exchange for promos" which Phantom Jewels, Amna was "excited to see". Amna waited a month after the products had been sent, followed up three times and was left unfollowed by Amber Turner. Luckily, her Tiktok went viral where Amber issued a public apology.

https://uk.finance.yahoo.com/news/small-business-owner-calls-reality-130912009.html?guccounter=1&guce_referrer=aHR0cHM6Ly93d3cuZ29vZ2xlLmNvbS8&guce_referrer_sig=AQAAALojZTQETnkKatU-qszW6aJVUO_GpZ2VzEYkuqz1DjdIOcjExykq-y1MCUGhQrqPYETwfZmCEwnBbaxDloMAruPkLl881qNtcDWeZl72jeJOANo6y7A7zu1BZ1eI93KWDeBZK-Z2O2SrByxbgQPbi8Ze602vXHHOWU7jB1sogcGN

Though this issue was resolved, it was pure luck the Tiktok went viral and raised awareness for this. Though, it could be good for the business, it also can cause a lot of backlash where the influencer receive numerous hateful messages which is also wrong.

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What is the problem that you have identified?

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What is the problem that you have identified?

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Influencer isn't slowing down but continuously growing, as the industry is on track to be worth up to $15-billion by 2022, up from as much as $8-billion in 2019.

https://www.topbusinesswomen.co.za/worth-up-to-15-billion-by-2022-why-influencer-marketing-is-still-effective/

Though for this massive trend, there isn't much regulations around it that protect both the influencer and businesses that use them. There are problems on both sides, business and influencer.

Influencers have massively benefitted brands in helping them increase awareness, revenue, a sense of community. Though brands (small or big) are often taken advantaged and even stolen from. Influencers are able to use their platform and following to encourage brands to gift/pay them and then not do the service discussed, but without a contract, or high court expenses and time, there isn't much a business can do.

But it isn't just businesses that can be negatively impacted by this, but also influencers. Influencers can become exploited with money not being paid/held from them and not much they can do from this due to not a specific regulation or law around this, without having to take it to court.

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Who my competitors are and how I will approach this space with these in mind

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Who my competitors are and how I will approach this space with these in mind

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• Influencer Agencies

Influencer Agencies usually handle the whole legal side of this with contracts and advice for influencers. Brands also go through these management agency to usually select agencies to get the right fit for them. My app almost deducts the 'middle man' (agency). Meaning influencers will be paid instantly (with no management cut or fee),  businesses are able to see from a range of influencers on the app with the appropriate filters, not just what the management has to offer. It will also be more accessible for small businesses targeting nano/micro influencers who don't have management to write these contracts, all evidence can be made via the chat room and all payments will be protected.

• Unions

In 2016, YouTuber Hank Green created – and poured $50,000 (£39,000) into – the Internet Creators Guild (ICG), designed to protect and aid content creators. But last year ICG closed down due to a lack of interest, among other things: “Creators with big audiences often don’t feel the need for support from a collective voice,” read its final statement. Across the globe, young people are currently harnessing the power of collective action, from Greta Thunberg’s school strikes for the climate to the BLM protests that have seen statues toppled. But in the UK only 4.4% of trade union members are aged between 16 and 24, while 40% are 50 or older. Unions 21 has also found that young people are reluctant to pay for union membership. “As a nation, we’ve got used to this idea of cheap membership,” Wright says, citing Netflix’s £5.99 monthly fee. “To join a union, to help it run, and to get all the things you want from it, costs significantly more.” (The ICG had a $60 [£47] annual fee.)

https://www.theguardian.com/media/2020/oct/10/influencers-are-being-taken-advantage-of-the-social-media-stars-turning-to-unions

• Influencer and Public Figure Protection

Too goods created this protection that will protect influencers from:

Defamation
You will be covered for actual or alleged libel, slander and malicious falsehood whether arising from something you posted online or something you said in an interview.

Intellectual property infringement
You will be covered for intellectual property infringement claims, including copyright infringement, if you have not got appropriate permissions or breached the scope of your license

Breach of privacy
We will cover you for breach of confidence and infringement of any right to privacy that arise from your media activities.

Breach of a promotional contract
We will cover you if a client brings a breach of contract claim against you in relation to the quality of a promotion, endorsement or sponsorship they’ve hired you for.

Defence costs and damages
We will pay your legal defence costs (which could be substantial) as well as any damages.

This insurance standard limits are on offer between £250,000 and £2,000,000 (up to £10m is also available) on a worldwide basis though aren't necessarily protecting the business too.
https://www.toogoods.co.uk/influencer-and-public-figure-protection

Can't find anything for protection on businesses.

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- Ask how I would do this for influencer & business.

mindmap of brands & influencers and what each have, how they cross over

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My solution is to create an app that protects both the business and influencer.

Businesses will be able to send a protected payment/gifting to an influencer to ensure they fulfil the service, and if not the business will be able to open a dispute to resolve this. From this, businesses can also review influencers on their service to help other businesses when making influencer choices, if they're a right fit, trustworthy.

Influencers will also benefit from this app as all payments will be made via PayPal which will instantly then be received in their PayPal accounts that they can withdraw. Reviews will also benefit them as then they could be noticed for more work if they are seen as trustworthy and nice to work with, helping spread more awareness of them, meaning more job opportunities for them. And if any problems with the business, they are also able to open a dispute to be resolved.

# data[].attributes.body
What
Why
Subheadings
Wordcount for each headings (6000 words)
ASA body that introduced 'ad'. only body that actually has a say during this.
More academic research on perhaps how were actors/models were regulated
depop, ebay,
task rabbit download pay through app

SMART TARGETS
when last update from ASA was (potiential recommedation to review the industry frequently) e.g
GDPR compared to Data protection act time frame was really long
monetization
musicians/artists data
Plannerly
contracts/legal could be an add on to help futureproof
LINKEDIN articles
Research Proposal we done and intend on doing e.g qualitive
what types of research for literature review going to be looking into

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A small business owner has taken to TikTok to expose British reality TV star Amber Turner for allegedly scamming her.

Amna, the girlboss behind Phantom Jewels, posted her video - with receipts - on Oct. 22. In her video, she explains that Turner reached out to her and asked for jewelry in exchange for free promo, which she happily agreed to.

"One fine day, I was excited to see that Amber Turner, a well-known reality TV star, had messaged me on my jewelry page," Amna explained. "She asked, 'Would you gift in exchange for promos? Obsessed with your rings.' I was like, 'Yes! That sounds really lovely.'"

Amna then went on to ask Turner if there were any rings in particular that she was interested in and requested her size. Turner responded with five different ring selections and then asked if next-day delivery was possible; Amna said yes.

A month after the products had been sent, Amna still didn't see them anywhere on Turner's feed. The business owner followed up three different times, but Turner never responded. In fact, according to Amna, Turner unfollowed the jewelry brand.

"To me it's really funny and almost upsetting how eager celebrities are to take items from small businesses, but when it comes to posting, they don't know you," she said.

People were furious at Turner in the comments. Many called what she did to Amna "theft."

"So she's just a thief then," one person said.

"Girl needs a lesson in etiquette," another added.

"It's not almost upsetting. IT IS UPSETTING! Sorry this has happened to you," a third wrote.

After the TikTok blew up, Turner issued a public apology via Instagram Stories and claimed that she never saw Amna's original messages.

"The brand messaged me 3 times in 7 days following up - which I did not see at the time & then obviously life takes over and I completely forget about the rings," she wrote. "I didn't hear anything else from the brand up until now - 1 whole year later."

"I have since contacted the owner again and [apologized] for what happened," she continued. "It was a genuine oversight and I would never do that to a brand no matter how big or small."

In a follow-up video posted on Oct. 25, Amna confirmed that Turner had reached out and apologized.

"I'm really glad we're able to raise awareness about the fact that this is not on," Amna said. "I'm also conscious of the backlash that has occurred to the mentioned party ... although it was wrong, I think we just need to be a little bit kinder. She has apologized."
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Reality TV star gets blasted for allegedly 'scamming' small business: 'She's just a thief'

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A small business owner has taken to TikTok to expose British reality TV star Amber Turner for allegedly scamming her. Amna, the girlboss behind Phantom Jewels, posted her video - with receipts - on Oct. 22. In her video, she explains that Turner reached out to her and asked for jewelry in exchange for free promo, which she happily agreed to.