IP in Influencer Deals

Influencer marketing is everywhere these days, and for South African SMEs trying to get noticed in a crowded market, it’s become a go-to strategy. But while the focus is usually on reach, engagement, and content creation, many business owners overlook one of the most important pieces of the puzzle: intellectual property. Whether you're collaborating with a micro-influencer or someone with hundreds of thousands of followers, it's important to be clear on who owns what from the beginning.

When you bring an influencer on board to help promote your product or service, they’re likely going to create content for social media. That content could include photos, videos, reels, captions, or even blog posts. By default, the influencer owns the rights to that content unless you’ve agreed otherwise in writing. This means that even though your product is in the video, they control how and where that video gets used. If you want to repurpose the content for your website, ads, or future campaigns, you need to have the right to do so — and that means sorting it out upfront.

It’s also worth thinking about your own brand assets. Your logo, product images, and slogans are all protected by intellectual property law, so giving an influencer permission to use them should come with some boundaries. Make it clear that they’re only allowed to use these elements as part of the agreed campaign and not for other purposes. This helps protect your brand from being associated with anything that doesn’t align with your values or image.

Then there’s the issue of co-creation. Maybe you and the influencer come up with a new idea or slogan together. Or maybe they design a limited-edition product with you. That’s when things can get complicated. If no one has clarified who owns the IP in those new creations, you could end up in a messy situation down the line. A simple clause in your influencer agreement can go a long way in making sure everyone is on the same page.

Another thing to keep in mind is exclusivity. If an influencer creates content for you and then does a similar campaign with your direct competitor using almost the same ideas or visuals, it can water down the impact of your campaign. While you can’t stop influencers from working with others, you can include terms in your contract that prevent them from reusing your campaign content or working with direct competitors for a certain period.

The bottom line is that influencer partnerships should be treated as seriously as any other business arrangement. Clear, simple agreements that cover intellectual property rights are essential if you want to avoid misunderstandings and get the most out of your collaboration. Think of it as setting the ground rules so both parties can focus on creating magic, without the drama later.

The StartUp Legal offers expert legal services tailored for SMEs, helping you secure a winning edge. For personalized support, book a complimentary consultation: https://calendar.app.google/jvrnTkNsYSZijq1T7 or email us at hello@thestartuplegal.co.za

To make sure your influencer collaborations are legally sound and your brand is fully protected, don’t leave things to chance. Our ready-to-use Influencer Agreement Template is built for South African SMEs and covers everything from content ownership to brand reputation. It’s simple, clear, and only R750. 👉 Click here to get yours now: https://www.thestartuplegal.co.za/legaltemplates/influencer-agreement-south-africa