Working with Influencers

Join leading advertising attorneys, including representatives from NAD and Ad Standards for an in-depth discussion on the evolving landscape of influencer marketing regulations. This session will address the latest legal and regulatory requirements as well as enforcement priorities for 2025. Points of discussion include:

• Exploring the evolving landscape of influencer marketing regulations in the USA and Canada
• Understanding the roles of national regulatory authorities such as the FTC and the Competition Bureau in shaping enforcement priorities
• Comparing advertising regulations in the U.S. and Canada, and understanding their implications for U.S.-based advertising campaigns and influencers
• Examining the self-regulatory requirements set by national self-regulatory bodies such as NAD (U.S.) and Ad Standards (Canada) concerning influencers
• Exploring platform-specific influencer guidelines and policies, with a focus on evolving rules for platforms such as TikTok, Instagram, and Snapchat
• Understanding the unique challenges of disclosures in sensitive industries like finance, alcohol, and gaming

Join us as we identify and analyze fundamental clauses that should be included in every endorsement contract. Gain actionable insights into negotiation strategies, common pitfalls, and contractual protections for both the brand and the influencer.

Points of discussion will include:

• Determining what every influencer contract should include, from deliverables to compensation, to content ownership, and more
• Developing effective negotiation strategies for working with influencers to achieve mutually beneficial terms
• Assessing how to manage potential risks, including late deliverables, non-compliance, and public relations challenges
• Understanding the rules, regulations, and governing terms for influencer run contests and promotions
• Exploring the essentials of affiliate marketing and ensuring legal compliance through effective contract management
• Examining the ins and outs of exclusivity clauses and how to balance brand control with influencer creativity
• Navigating legal considerations in influencer marketing, including material connections disclosures, brand liability, and platform compliance

This session explores the transformative role of artificial intelligence (AI) in influencer marketing, focusing on emerging opportunities, evolving risks, and legal challenges across the United States and Canada.

Points of discussion will include:

• Evaluating the impact of AI-generated content on influencer marketing, including the rise of virtual influencers and their authenticity
• Navigating legal considerations and best practices for incorporating AI in campaigns, focusing on intellectual property rights, disclosure requirements, and regulatory compliance
• Examining current and upcoming AI-related guidance and legislation in the U.S., and Canada, and their implications for influencer marketing
• Clarifying permissible versus non-permissible uses of AI in influencer marketing, including the use of AI tools for content enhancement
• Drafting effective AI clauses in influencer contracts to ensure content authenticity and address potential liabilities associated with AI misuse

• Clarifying Ownership of Content: who owns the rights to influencer-created content—brand vs. influencer
  • How contracts can (and should) address usage rights, exclusivity, and modifications
• Understanding the Right of Publicity: how the use of an influencer’s name, image, likeness, or persona triggers right of publicity considerations
  • How proper permissions and scope of use must be clearly defined
• Navigating Copyright Challenges: common copyright pitfalls, such as use of third-party music, images, or memes in influencer content
  • Developing best practices for securing licenses and avoiding infringement

Kick off the afternoon with a deep dive into the world of influencer -brand partnerships featuring insights from advertising agencies executives on influencer expectations, preferences, and best practices for successful brand collaborations.

Benefit from insights and lessons learned from real-life “war stories,” and a behind-the-scenes look at the challenges of managing influencer relationships during crises. Our panelists will provide insights into the procurement process, the diverse talent pool, and how partnership strategies vary based on the size and reach of different influencers.

This session will delve into the practicalities of influencer monitoring, legal obligations, and best practices for implementing effective influencer compliance policies. Attendees will gain a clear understanding of how to track performance, ensure compliance, and manage risk while maintaining authentic and impactful influencer partnerships.

• Building a monitoring system and establishing a comprehensive influencer tracking program to measure performance, engagement, and ROI
• Developing clear content guidelines and brand standards to ensure consistency and compliance across influencer partnerships