Protect your creative rights and negotiate with confidence & clarity. 

Why should you care?

Global brands today recognize the value and impact of influencer marketing and user generated content and are ready to invest billions of dollars into the creative economy. And this is such good news,  but way too many creators rush to sign contracts without truly understanding the implications in the long run. 

Your content is your asset, and that needs to be protected! Without proper IP protection it can be sold without your permission or even stolen. This guide is our way of making sure that does not happen to you, and that you understand your legal rights and responsibilities with respect to your  work. 

Why do we care? Because this is what we do, we help you avoid the legal bottlenecks early on so you do not have to pay for it with your creativity later on..?

What sort of agreement should you have for your creative work?

An Overview of Partnerships in the creative economy

When offering your creative services to companies or brands, we recommend having a  brand partnership agreement between you as a creator and the brand.

The brand partnership agreement is nothing more than a legal document that outlines what is required of you as a creator and vice versa for the brand. Payment for your services  could be monetary, free brand products or “exposure”. Whatever the case, the agreement should highlight everything from the type of content to be created, the brand expectations or requirements, and the required persona to sell it. 

What types of IP protection should you be familiar with? 

1. Copyright: Copyright ensures that your creative efforts whether in the form of writing or videos remain rightfully yours. Without this, your content can be easily copied, altered and also distributed illegally. It protects your original work and provides you with exclusive rights of production and reproduction.
2. Trademark: Trademark is very important in building trust. It  protects your brand name, logo and the likes. A trademark offers you a strong legal standing against shady competitors that  attempt to reap off your hard work.
3. Patent: A patent protects your innovations and inventions. Helping you safeguard your unique innovations from being copied and you being reaped.
4. Licensing: A license is a legal agreement that allows another person use your IP under agreed conditions for some form of payment.

A strong IP framework helps you transform your creative work into bankable assets that attract:

• Banks & Financial institutions
• Investors
• Licensing & Brand partnership deals
• Government backed funds

Here is a  checklist you can go through before you enter any brand deals: 

• Identify your asset(Content): List out all your assets or creative work required and make sure the contract recognizes that the content is yours with a license. The  brand can only use your content and not own. If the brand insists on ownership instead, by insisting you assign it to them, make sure the compensation is worth it.

• Parties involved: In this case, it is primarily you and the brand. The agreement should indicate if otherwise. 

• Scope of use: Be sure to confirm the specific platforms the content will be published, how long it will be up for and state limits to the platform if you have one. 

• Deliverables: The agreement must clearly state all that is expected of you as a creator from A-Z. No implied expectations or vague terms. 

• Compensation: Amount and mode of payment must be agreed on whether flat fee or a performance based.

• Duration: The entire period of when and how the content will be published and used.  

• Exclusivity:  If the brand requests exclusivity when working with you (that you do not work with competing or other brands), limit the period to be as short as possible.

• Future Usage: Include a clause for when the brand decides to use the content on any platform not previously stated or past the duration agreed.

• Indemnity & Liability: Limit or avoid entirely risks and exposure that might arise if the brand fails. 
• Termination: Protect yourself in the event of a breach by the brand, by ensuring they desist from using your content on their platforms. 

Remember, your bargaining strength largely relies majorly on the clarity of your partnership agreement. 

Conclusion

Legal Trunk can help you secure your brand for your peace of mind. Visit Legal Trunk to protect your Intellectual Property and access our creative business services!