Practical advice to manage the image of artists, talents, and influencers

Personal trademarks and reputation in social media have become one of the most important assets in the information and influencers era, reason why their defense and protection must be addressed with special attention and care. This aspect, which in many occasions is taken lightly and without a clear follow up strategy, can represent risks so important that they can destroy the career of an artist or talent.

Because of the above, we consider it essential to establish certain guidelines and directives to protect their reputation to the largest extent possible, and minimize the risks that could impact them. The first aspect to be assessed is the execution of sponsorship contracts or third-party promotion of products and services, which are some of the main means for the generation of income and that must be assessed from a global perspective.

The starting point to analyze these agreements consists in determining that, even when a document is not formally subscribed, it is possible for the parties to be facing a contract with associated rights and obligations, reason why all the agreements must be as detailed and clear as possible, even if they are coordinated through emails and other more informal mechanisms.

Although it may seem obvious, the formal existence and the reputation of the businessman must also be assessed, as creating a façade in social media is quite easy to impersonate a company or person, or to simulate credentials that do not exist. In case that confirming the identity of the company is difficult with documents such as the certificate of existence and legal representation by the Chamber of Commerce or equivalent certificates from other countries, it is best to refrain from executing agreements, as it would be extremely difficult to identify the company if it were necessary to initiate any type of legal claim.

It is also convenient to assess the quality of the products or services to be promoted, as well as the company’s guarantee and return policies with the purpose of determining if buyers who wish to acquire the promoted goods may be able to exercise their rights in case they require it.

In case assistance is hired for an event, the first step should be to define, from the beginning, which activities will be developed, the time that the talent needs to invest in them, and its expected interaction with the public or promotion in social media. Also, in relation to this point, identifying what the relationship with the trademark is like is important, as well as determining the use that will be given to photographs, videos, audios, and other material collected, and the details of the obligations that remain once the event is completed, as for example the minimum permanence time for publications, and the possibility of advertising with other trademarks of the same sector or related business areas.

As a general strategy, consideration must be given to the trademark registration of the name or pseudonym used in social media with which the talent or influencer has consolidated its reputation, taking into account the specific market in which it is present and identifying the relevant types of goods or services to be protected.

Reputation and the consuming public’s trust can be a person’s most important assets and must be protected as such, for which having integral legal advice is very useful to protect their interests and assess the majority of the associated risks, building a clear management strategy.

Natalia Tovar
Associate Attorney
My Brand