Social media has evolved into a mainstream distribution method for news and entertainment. This has created opportunities for people to become content creators or “influencers” who drive engagement and direct interaction with a focused audience. Influencers are often considered a trusted source of information and use this status to market and monetize their content through direct and indirect methods with various brands who want access to their followers. Brands desire to participate in meaningful engagement with audiences regardless of how it is generated. This has led to the rise of nano and micro-influencers who maintain small but highly engaged audiences.

The interaction between influencers and brands is governed by licensing agreements and has become a dynamic and complex environment. Influencers and brands both have to adapt to new platforms and delivery styles such as posts, images, long videos and short videos while ensuring their licensing agreements are designed properly to create the expected effect. This presentation will offer insights on the rules governing brand/influencer interactions, the identification of sponsored content and recent case law in this area. It will also cover how to approach licensing decisions, best practices, negotiations and the development of licensing agreements. Combined, this will provide an understanding of how licensing agreements balance brand protection strategies and the aspirations of influencers.