SAG-AFTRA Influencer Agreement and Influencer-Produced Sponsored Content Waiver: Key Provisions, New Opportunities
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, April 4, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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This CLE webinar will guide IP counsel on the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) Influencer Agreement and the Influencer Waiver. The panel will discuss the key provisions of the Influencer Agreement and the Influencer Waiver. The panel will address the implications of these documents and offer best practices for navigating these documents and leveraging the associated opportunities.
Ms. Hua’s focus is on transactional matters for entertainment industry clients, including talent, brands, and influencers. In her current role, she leverages her background in entertainment litigation, helping clients resolve their idea theft, breach of contract, and trademark disputes, including in proceedings before federal courts and the Trademark Trial and Appeal Board. Ms. Hua strives to build and protect her clients’ brands, execute strategic partnerships and promotional opportunities, and ensure compliance with shifting laws and regulations.
Ms. Klukosky’s practice and experience involve brand management, trademark prosecution, licensing, and a wide variety of entertainment transactions. Her work extends to deals involving video games, esports, live and recorded music, digital media and streaming, digital marketing and influencer advertising, book publishing, and technology including artificial intelligence. Ms. Klukosky leverages her experience as a litigator to negotiate, draft, and secure agreements in the entertainment industry, including talent, endorsement, development, publishing, and licensing agreements for scripted and non-scripted programming, podcasts, webinars, and documentaries. She also advises entertainment companies and digital advertisers in negotiating complex product licensing, brand integration, and placement agreements. Ms. Klukosky represents individuals and corporate creators in protecting their intellectual property assets and assisting with their business transactions and litigation. To help clients effectively protect, monetize and enforce their IP assets, she drafts opinion letters, contracts, and develops strategies to minimize the risk of litigation in all these areas. Ms. Klukosky’s trademark work also includes prosecution and enforcement, portfolio management and strategy, licensing, co-branding and joint ventures, as well as brand ambassador, influencer, and endorsement contracts.
The influencer marketing industry's value is expected to increase by over 20 percent in 2023. As COVID-19 impacted how performers engage on social media, the SAG-AFTRA responded. SAG-AFTRA and the Joint Policy Committee (JPC) approved its Influencer Agreement in 2021. The agreement seeks to protect both the performer and the union's jurisdiction.
Further, the SAG-AFTRA and JPC agreed to a waiver to address how union advertisers deal with contracts with social media influencers producing their content. The waiver provides an avenue for agencies and advertisers that are signatories to the SAG-AFTRA Commercials Contract to contract with influencers in a union-approved arrangement.
The Influencer Agreement and Waiver allow brands to use SAG-AFTRA members to create influencer content without concern that the content is categorized as a commercial under the SAG-AFTRA Commercials Contract and the associated issues that come with that. It also allows companies to engage influencers directly--all involved need to understand and protect their IP rights.
Listen as our authoritative panel of IP attorneys examines the Influencer Agreement's key provisions and the Influencer Waiver. The panel will address the implications of these documents and offer best practices for navigating these documents and leveraging the associated opportunities.
- SAG-AFTRA Influencer Agreement
- Influencer-Produced Sponsored Content Waiver
- Implications of the agreement and waiver
- Best practices
The panel will review these and other key issues:
- How do the SAG-AFTRA Influencer Agreement and Influencer Waiver change the playing field for influencers and advertisers, and how can brands leverage the content they purchase?
- What are the IP issues for businesses connected to the creation and exploitation of sponsored content?
- What can counsel do proactively to protect the IP rights of those involved with influencer content?
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