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What is an influencer contract? It is the written agreement between a brand or company and an influencer stating what content the influencer creates, when it appears, what the compensation is, and who acquires the rights to the material. The contract also establishes the rules of advertising law, such as the obligation to make paid collaborations identifiable. For an SME advertising via social media, a good contract prevents disputes regarding performance, rights, and liability.
The short answer
- What: a contract for services between a brand and an influencer regarding paid content.
- For what purpose: agreements regarding posts, deadlines, compensation, exclusivity, and usage rights.
- Advertising law: the collaboration must be recognizable as advertising, with a designation as an advertisement or paid collaboration.
- Rights: agreements regarding copyright on the content and the influencer's right of publicity.
- Goal: clear performance, reduced risk, and a legally sound campaign.
What exactly is an influencer contract?
An influencer contract is usually a contract for services (Article 7:400 of the Dutch Civil Code). The influencer is not employed but performs a service: creating and posting content for an agreed fee. The contract describes that service as concretely as possible so that both parties know what to expect.
Unlike standard services, three additional themes come into play here: advertising law, intellectual property, and portrait rights. Anyone who fails to make paid collaborations recognizable runs into regulations regarding unfair trade practices. Anyone who does not arrange who receives the copyright to the photos and videos cannot use the content freely later. And anyone who wishes to continue using the influencer's portrait requires permission to do so. An influencer contract brings these points together.
Advertising law: advertising must be recognizable
The core of advertising law regarding influencers is that advertising must be recognizable. If a brand pays for a post or gives away free products in exchange for content, the public must be able to see this. This follows from the regulations on unfair trade practices (Article 6:193a et seq. of the Dutch Civil Code): a consumer must not be misled about the commercial nature of a message.
In addition to the law, there is the Social Media and Influencer Marketing Advertising Code of the Advertising Code Foundation. This code requires clear disclosure, such as 'advertisement, paid collaboration,' or a label like 'sponsored.' For influencers who post videos and meet certain criteria, the Media Act may also apply, with supervision by the Dutch Media Authority (Commissariaat voor de Media). You stipulate in the contract that the influencer adheres to these rules so that the brand is not held liable for covert advertising.
Intellectual property and portrait rights
Photos and videos created by the influencer are protected by copyright (Article 1 of the Copyright Act). Without an agreement, that right remains with the creator, i.e., the influencer. If the brand wishes to use the content on its own channels, in advertisements, or on the website, the contract must regulate a license or transfer, specifying the duration and permitted use.
In addition, the influencer has portrait rights (Articles 19 through 21 of the Copyright Act). Their likeness may not be reused commercially without further ado. If a brand wishes to feature the influencer on posters or in subsequent campaigns, permission is required, often for a separate fee. By arranging this in the contract, you prevent a successful campaign from stalling because the brand is no longer permitted to use the imagery.
Practical example
A webshop selling sustainable personal care products agrees with an influencer that she will publish three posts and two stories. The contract specifies the compensation, the deadline, and the obligation to label each post as a paid collaboration. It is also agreed that the webshop may use the photos on its own website for a year and that reuse of the portrait in advertisements requires separate permission. If the campaign is successful, the webshop wishes to use the images for a longer period. Because the license and portrait rights are included in the contract, both parties know exactly what is permitted and under what conditions extension is possible.
Honest recommendation
You don't always need a lawyer. For a one-off, small collaboration with a fixed fee and limited use of the content, a short, clear agreement may suffice, as long as the advertising is recognizable and the usage rights are specified. Moreover, many platforms offer a labeling function for paid collaborations.
Do seek assistance for larger or recurring campaigns, exclusivity, high fees, or if you intend to use the content for a longer period and more broadly. In such cases, it is wise to properly document the advertising disclosure, the copyright license, and permission for the use of portraits. This will help you avoid fines or complaints regarding unrecognizable advertising and disputes concerning the reuse of imagery.
Want to read more or need help? View the influencer contract as a contract, or read how to drafting an influencer contract and what it costs to have an influencer contract drawn up .
Frequently Asked Questions
An influencer contract is the agreement between a brand and an influencer stating what content is created, when it appears, what the compensation is, and who receives the rights. It also establishes advertising rules, such as the obligation to make paid collaborations identifiable.
Yes. Advertising must be recognizable. If payment is involved or free products are given away, the post must show this, for example through an advertisement or a paid collaboration. This follows from the rules on unfair trade practices (Article 6:193a et seq. of the Dutch Civil Code) and the Social Media and Influencer Marketing Advertising Code.
Without an agreement, the copyright (Article 1 of the Copyright Act) remains with the creator, i.e., the influencer. If the brand wishes to use the photos and videos itself, the contract must regulate a license or transfer, including the duration and permitted use.
The influencer has portrait rights (Articles 19 to 21 of the Copyright Act). Their likeness may not be reused commercially without permission. Permission is required for use in advertisements or subsequent campaigns, often for a separate fee. Arrange this in the contract.
Usually not. An influencer contract is typically a contract for services (Article 7:400 of the Dutch Civil Code). The influencer works independently and provides a service for remuneration, without an employment relationship. However, it is advisable to clearly define services and responsibilities.
Both the influencer and the brand can be held liable if a paid collaboration is not recognizable. For the brand, this is a reason to stipulate in the contract that the influencer adheres to advertising regulations and uses the correct disclosure.
For a small, one-off collaboration, a short agreement may suffice, provided the advertising is recognizable and the usage rights are specified. For larger or recurring campaigns, exclusivity, or broad reuse, a more extensive contract is advisable.
