'Some brands will continue to take liberties': Confessions of an influencer marketer on brands misusing creator content
Briefly

An influencer agency managed twins who partnered with a non-U.S. swimsuit company. The brand used the influencers' image in a marketing newsletter without contractual permission and apologized as a social-team mistake. The brand then continued to use content beyond an agreed one-week paid-ads usage on Meta platforms. The agency objected, halted the program, withheld further usage rights, and considered ending the relationship. The incidents involved repeated violations by the same brand, demonstrating how brands can deploy creator content outside licensed terms and the need for strict enforcement of usage agreements and clear compensation.
The first instance relates to influencers we manage. They partnered with a non-U.S. swimsuit company, and my talent manager was on the brand's mailing list. When our teamread the brand's newsletter, they saw that the brand used the influencers' image in their newsletter, but it wasn't part of the agreement. What happened next? We went back to our brand rep saying we didn't agree to this. She apologized, saying it was their social team that mistakenly did it.
We had agreed to just one week of paid usage rights (to use the content for paid ads) via Meta platforms. Instead, the brand had continued to use an image beyond that timeframe. We went back to our rep again saying we didn't agree to this. We agreed to one week of paid ads. And this was two months ago. So we experienced two separate instances with the same brand, while the twins were in partnership with them, despite calling them out the first time.
Read at Digiday
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