Neilsen Sports’ latest global sports entertainment report has confirmed that, indeed, the tried and tested model of fandom and traditional viewership has been challenged. Fans have developed digital communities to drive connections with each other, their favourite athletes and their favourite teams. Covid-19 lockdowns accelerated the shift from large audiences – physically together – to more remote yet more engaged sports fans. “While ticket sales dipped, fans found new ways to build community: chatting, sharing, betting and co-watching,” reports Nielsen.
Nielsen’s recent Trust in Advertising study has found that people trust recommendations from people they know more than any other influence factor, with influencers not too far behind. Globally, 71% of consumers either completely or somewhat trust ads and opinions from influencers about brands and products, which is notably higher than channels like online banners, mobile ads, search engine ads and SMS messages.
In the digital age of Instagram, Facebook, Twitter and the like, many companies are turning to social media influencers to raise their brand awareness and build a more favourable reputation. “The transition from building awareness to conversion speaks to the growing importance of sponsorships throughout the full marketing funnel, and this trend will continue,” adds Nielsen.
Online media streaming services have begun partnering with influencers to create a more personalised connection with consumers because audiences tend to trust digital media far more – simply by being readily accessible, and its ability to allow for instantaneous interaction as opposed to the one-way nature of traditional media.
When an influencer reposts media from a streaming service or any company advertising content a plethora of intellectual property rights are at stake such as; the trademarked brand names and logos, the copyright of the snippet, and the background music. Using such content could create the impression that the streaming service is affiliated with the influencer. Therefore, influencers are advised to exercise caution before posting a clip containing media that could include such protectable intellectual property interests and should always ensure to have permission from the holder of such rights.
On the other hand, when a media streaming service or any company plans to use influencers, it would be prudent to have an influencer or brand ambassador agreement in place. Would you place all you have built up in the hands of a third party without any control over how your name and brand are used?
Most certainly you would want a comprehensive influencer or brand ambassador agreement in place – not merely the proverbial “one-pager” – but one that is tailored to the circumstances and the specific transaction.
Common terms to be included in such an agreement would be clauses that can regulate exclusivity, intellectual property, confidentiality, quality, tone, frequency, payment terms, and breach. In doing so you might avoid having your name dragged through the mud without any recourse.
If you are in need of an influencer agreement or advice on how to navigate the murky waters of social media and intellectual property, it is always advisable to contact experienced IP attorneys such as the team at Barnard Inc.
by STEFAANS GERBER