From hashtag to headache: Navigating the legal risks of contracting with content creators

The use of content creators across almost all industries has become a highly attractive marketing strategy for brands. No longer limited to traditional advertising methods, organisations across virtually every sector are increasingly engaging with content creators to drive audience engagement, build brand awareness, and foster consumer loyalty. This is especially true in the sports industry – from brand activations to viral collaborations, sports organisations are increasingly partnering with creators to amplify their reach and engage new audiences in innovative and authentic ways. However, the pursuit of virality comes with unpredictability and this is why a robust contract between a brand and a content creator is essential.

This article provides some practical considerations for sports organisations to consider when contracting with content creators in the UK – ensuring that while creativity drives the partnership, legal certainty underpins it.

• Intellectual Property Rights
• Licencing
• Moral Rights
• Advertising Regulations

For the purposes of this article, “content creators” (or “influencers”) means individuals who have amassed a social-media following and capitalise on it by making deals with advertisers to promote brands via creative content distributed through their social channels.^[1] Athletes or professional sportspeople who also produce content on behalf of a brand are therefore not the focus of this article.