(Webcast) Social Media Influencers: A Legal Road Map

Tuesday, May 3, 2022 | 6:00 pm – 8:00 pm

Program Chair:
Stephanie A. Jacqueney
Law Offices of Stephanie A. Jacqueney

• Description
• Faculty
• Agenda
• CLE Credit
• Sponsors

• The program provides a road map of the legal issues involved in hiring social media influencers for both practitioners who represent influencers and those who represent entities who hire influencers.  First, we’ll discuss the history of celebrity advertising and give examples of influencer use in advertising, including a presentation by a representative of the Federal Trade Commission (“FTC”).  Next, we’ll talk about the FTC’s advertising guidelines and enforcement.  Then we’ll delve into key influencer contract points including:

  • The services required by the influencer
  • Payment terms
  • Exclusivity
  • Business arrangements to be aware of
  • Intellectual property issues
  • Name and likeness questions
  • Music licensing
  • Force majeure and morals clauses
  • Insurance covering health and disability of influencer and product liability insurance covering the influencer
  • Indemnification
  • Limitation of Liability

  Finally, we will conclude with a presentation by SAG-AFTRA’s National Director of Commercial Contracts of the new SAG-AFTRA Influencer contract, how it came about, specific requirements and issues SAG-AFTRA has seen since.

  Program Fee: $149 for Members | $249 for Nonmembers

  Members who are Law Students, Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

• Faculty Will Include:

  Jake Dore (Moderator)
  Klein Moynihan Turco LLP

  Tracy Hyman
  National Director
  Commercial & Corporate/Educational & Non-Broadcast Contracts

  Stephanie A. Jacqueney
  Entertainment Lawyer and Business Affairs Executive

  Flora Lau
  Associate General Counsel
  Global team
  Dentsu Creative

  Amber Lee
  Federal Trade Commission
  Bureau of Consumer Protection, Division of Advertising Practices

  Erika Stallings
  Associate General Counsel for Music Product
  Facebook

  Eric Unis
  National Advertising Division
  Better Business Bureau National Programs

  Adam N. Weissman
  Law Office of Adam N Weissman

• 6:00 pm– 6:05 pm       Introduction of Topic and Panelists

   

  6:05 pm – 6:20 pm      Social Media Influencers Background

  • History of Celebrity Advertising and Influencing
  • Who Qualifies as an Influencer?
  • Size of Influencer Industry
  • Legal Issues That Impact Influencers

   

  6:20 pm – 6:50 pm      Enforcement and Rules       

  • Legal Overview
  • Applicable Law and Guidance
  • Brand, Influencer, and Agency Liability
  • Notice of Penalty Offenses
  • FTC Endorsement Guides under Review
  • Helpful Resources

   

  6:50 pm – 7:25 pm     Legal Issues

  • Form of Influencer Contract
  • Intellectual Property Issues
  • Force Majeure Clauses
  • Morals Clauses
  • Insurance, Indemnification, and Limitation of Liability
  • Exclusivity

   

  7:25 pm – 7:45 pm       Influencers and SAG-AFTRA

  • How SAG-AFTRA defines an “influencer”
  • Why SAG-AFTRA created an agreement/waiver that addresses influencers?
  • Avenues for Influencers to be Covered
  • Terms of the Agreement
  • Terms of the Waiver
  • Main differences between the Terms of the SAG-AFTRA Influencer Agreement and the Waiver
  • Evolving Areas

   

  7:45 pm -8:00 pm        Q & A

• New York: 2.0 Professional Practice
  New Jersey: 2.0 General
  California: 2.0 General
  Pennsylvania: 1.5 General
  Connecticut: Available to Licensed Attorneys

• Sponsoring Association Committee:
  Entertainment Law, Randy Marc Friedberg, Co-Chairs

  Sponsorship Opportunities are Available! Please Contact:
  Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org