Legal Considerations for Influencers: Protecting Your Personal Brand

By E.C.V. & Asociados

The rise of influencers on social media has transformed into a form of "entrepreneurial activity." For this reason, it is crucial for influencers to be aware of the key legal aspects surrounding their profession. The goal is to provide them with proper legal protection and ensure they do not engage in unlawful activities with respect to third parties.

It's worth noting that the vast majority of influencers, due to their exposure on social media and digital platforms, have become personal brand generators. Personal branding is a type of business strategy where the individual, in this case, the influencer, is perceived by the public as if they were a commercial brand. For influencers, developing a personal brand depends not only on popularity but is closely related to setting themselves apart from other influencers, leveraging their unique qualities, having a clear message and language, and defining a distinct personality.

Importantly, the greater the presence and significance of an influencer on digital platforms, the higher the likelihood that third parties may attempt to wrongfully appropriate their personal brand through registration. This is precisely why it is recommended that influencers, once they have built a certain reputation and following, take steps to protect their personal brand.

Having a properly registered brand greatly simplifies the work of social media platforms, as they can swiftly disable the infringing account. This proactive measure ensures that your personal brand remains under your control and prevents others from capitalizing on your hard-earned reputation and identity.

In addition to brand protection, influencers should also be aware of other legal considerations, such as compliance with advertising and sponsorship regulations. Many countries have strict rules governing disclosure of sponsored content, and influencers must ensure they are transparent about their relationships with brands and sponsors.

Furthermore, influencers should be cautious about using copyrighted materials in their content without proper authorization, as this can lead to copyright infringement claims. It's essential to respect intellectual property rights and seek permission or use materials that fall under fair use or are in the public domain.