Roles and Responsibilities
The agreement between content creators and brands should clearly define the roles and responsibilities of each party. It is to explain the specific tasks and deliverables expected from the content creator and the brand. By establishing these roles upfront, both parties have a clear understanding of their responsibilities, which leads to efficient collaboration and of course we want to minimize potential conflicts or misunderstandings.
This is also especially important when there are more than 2 parties, like in the case of having SushiVid in the middle. To avoid having issues down the road, it is important to set all the assumptions upfront. For example, how many edits can the client ask for before influencer begins charging a fee for edits or if in the case an influencer is unable to make it to a video shoot, but the entire crew already made time to come, who pays for the loss of time?
Ownership and Copyrights
One critical aspect of the agreement is determining the ownership and copyrights of the content created during the collaboration. This includes texts, images, videos, and other creative assets. The agreement should specify whether the content creator/ influencer retains ownership or transfers rights to the brand. Agencies and brands want to ensure proper usage and protection of the content hence both parties need to determine these rights in advance protects the interests. Nobody wants to get sued or be sued!
Generally in Malaysia at least, the content creator/ influencer owns the video rights. A client can ask for rights to boost the content, or rights to post it on their social media, or rights to cut parts of the content for a billboard video, all these are treated differently and should be talked about without making assumptions. We have had instances when a client assumed they could do hat ever they wanted to a content without realising it is not actually theirs and was asked to pay a lump sum to the influencer.
Clear and transparent payment terms are essential in any agreement between content creators and brands. The agreement should outline the compensation structure, including rates and payment schedules. It is important to specify the payment method, frequency, and any additional expenses that may be reimbursed. Just like SushiVid, we are the TRANSPARENT INFLUENCER MARKETING COMPANY!
Duration of the Agreement
Regardless of whether it is a one-time campaign or an ongoing engagement, stating the duration creates clarification and sets expectations. This enables both sides to strategically arrange their schedules. The agreement should have conditions for renewal and termination if the collaboration is for a set period of time, ensuring flexibility and long-term planning.
We’ve also had influencers whose contents the client continues to use even after 5 years, and the influencer no longer endorses the brand but cannot do anything about because it was a full buyout with no duration set. So influencers, do take extra care to protect yourself.
Fairness at its finest
We as an influencer marketing company, that influencers like to keep their feeds clean and nice. But deleting your content when the campaign ends might hurt the brand’s feeling. Unless the campaign is a one-time campaign such 11.11 sales, festivals campaign then you can decide to archive or delete the post. However, it seems unfair to the brands when influencers decide to delete contents that are evergreen and yes it goes back to the duration of the agreement as well. If the campaign duration is 3 months long, then you should keep it posted for 3 months. Imagine working with big brands, do you want to delete the post? Our suggestion is to just keep the content posted on your social media. It is fair for the brands as they can be the highlight of the “show” and influencers marketing company like us, we will always go to your social media accounts before reaching out to you. Seeing an influencer works with big brands, we are more than happy to propose you to our clients.
Protecting sensitive information is essential in the digital world. The contract or agreement should have conditions ensuring confidentiality. This guarantees the security of any personal or business data provided during the partnership. Brands can disclose marketing strategy or upcoming product launches, and content creators may get access to internal brand information.
Digital Content Usage (DCU) Rates
DCU rates play a significant role in content creators and brand collaborations. DCU rates refer to the fees content creators charge brands for using their content beyond the initial campaign. These rates consider factors such as content format, duration, platforms, and the size of the brand's audience. Including DCU rates in the agreement ensures transparency and provides a fair compensation structure for content creators, considering the extended usage of their content.
The key element of fruitful partnerships in the world of digital marketing is the understanding between content creators and brands. So, whether you are a content creator or a brand, please make sure that you have an agreement and study it well. In SushiVid, we do have an agreement between KOLs and clients because we want to protect each other's rights and to avoid any issues externally.
If you found this article interesting, do share it with your fellow content creators/ influencers, as we want all the influencers out there to be aware about the importance of an agreement. If you have any questions, you may also reach out to us at firstname.lastname@example.org