Fearless Business Podcast

This episode is sponsored by Hashtag Legal. Contact Hashtag Legal to set up a consult to assist with your questions about the FTC.

Suppose you meet someone who tells you about a great new product. She tells you it performs wonderfully and offers fantastic new features that nobody else has. Would that recommendation factor into your decision to buy the product? Probably.

Now suppose the person works for the company that sells the product – or has been paid by the company to tout the product. Would you want to know that when you’re evaluating the endorser’s glowing recommendation? You bet. That common-sense premise is at the heart of the Federal Trade Commission’s (FTC) Endorsement Guides.

The FTC’s Endorsement Guides: What People Are Asking

The Federal Trade Commission (FTC) and their guidelines for disclosure have been a hot topic for some time in the world of influencer marketing. Earlier this year, the FTC made clear that they were taking proper disclosure seriously, sending out a round of letters warning influencers who had material relationships with brands they endorsed that they could be fined (up to $40,000!) for non-compliance.

That fine may be a drop in the bucket for top-tier Instagram celebrities, but it's significant motivation for influencers, networks and business owners to take the time to ensure they fully understand and are handling disclosures correctly. Another significant motivation: proper disclosure means that you are being honest with your readers, followers or customers. Quite simply, it is the ethical thing to do.

Some instances requiring disclosure you might not have considered:

FTC Disclosures: How to Stay Compliant

To help clarify the how, when and why to disclose, the FTC recently addressed questions during a public Twitter chat. From the number of questions we've seen asked and have continued to personally receive, however, it's clear that some lingering confusion remains. That's why this week on the Businessese Influencer Marketing Podcast, we're covering the updated FTC guidelines for disclosure and what they mean for you and your business.

In this episode, we go over:

* the purpose of the Federal Trade Commission and how they protect consumers

* an easy way to gauge if a disclosure is necessary

* three rules for disclosures

* how to properly word your disclosure on different platforms

* the impact of paid tools (like Facebook's "handshake") on your need to disclose.

Still have questions about the FTC and disclosure? Ask away in our private Facebook group, Businessese HQ.

Links:

Federal Trade Commission Endorsement Guides

Letters sent to influencers by the FTC in March 2017

Example of disclosure image

This episode is sponsored by Hashtag Legal. Contact Hashtag Legal to set up a consult to assist with your questions about the FTC. Suppose you meet someone who tells you about a great new product. She tells you it performs wonderfully and offers fantastic new features that nobody else has. Would that recommendation factor into […]

This episode is sponsored by Hashtag Legal. Contact Hashtag Legal to set up a consult to assist with your questions about influencer marketing contracts. 

When we talk about intellectual property, we are speaking of products of the mind: ownership of work or content that has been born out of creativity, whether it's an invention, an image, or a literary piece. It might be easier to think of this as ownership of something intangible; while I might own a Harry Potter t-shirt, Harry Potter and his wizarding world belongs to J.K. Rowling, a character and universe of her own creation. As the owner she has the legal right to transfer that ownership if she ever so desired (assignment), or to license its use by another party on a limited basis (for instance, to make Harry Potter t-shirts).

Seems simple enough, right? Well, hang on a second.

The three main intellectual property areas are patent, copyright, and trademarks. Not every creation can be patented, copyrighted, or trademarked; there are certain rules surrounding each that govern whether the creation in question can be exclusively owned.

Also, there are times where someone may be allowed to use your copyrighted material without your giving permission— this falls under the umbrella of fair use and includes instances of parody, commentary, and criticism.

For a quick crash course in copyright and trademarks:

Intellectual Property: All About Copyright

Trademarks and Blogging: What You Should Know

In this week's episode of the Businessese Influencer Marketing Podcast, we cover the two areas of intellectual property that we deal with most in the influencer marketing space—trademarks and copyright. Listen in as we discuss:

* what can or can't be trademarked or copyrighted

* how trademark and copyright rights are acquired, and when they should be registered

* licensing and the boundaries of fair use

* how to go about protecting your work

* and when to involve a lawyer.

We also include some hard-to-hear truth about using those free online stock photo sites.

Links discussed in this episode:

* Trademark Electronic Search System (TESS)

* United States Patent and Trademark Office (USPTO)

* Copyright.gov

* Paid stock photo options:

* Canva

* Depositphotos

* Shutterstock

* Preparing a DMCA Takedown Notice

Next we're tackling a hot topic in the world of influencer marketing: the FTC and their recent clarification on disclosure best practices. Let us know what you think of today's podcast in our private Facebook group, Businessese HQ, and we'll see you next Thursday!

This episode is sponsored by Hashtag Legal. Contact Hashtag Legal to set up a consult to assist with your questions about influencer marketing contracts.  When we talk about intellectual property, we are speaking of products of the mind: ownership of work or content that has been born out of creativity, whether it's an invention, an image, […]

This episode is sponsored by Hashtag Legal. Contact Hashtag Legal to set up a consult to assist with your questions about influencer marketing contracts. 

If there is one thing we want influencers (and all freelancers, entrepreneurs and small business owners) to take away from this podcast episode, this is it:

Get it in writing. Every single time.

Every. Single. Time.

If the other party doesn't offer you a contract to sign, it's perfectly appropriate to request one or to be proactive and volunteer a contract of your own. You can download our Content Sponsorship Contract or Independent Contractor Contract to get started.

Easier said than done, you may be thinking. We understand that legalese can sometimes feel like a different language, one that is designed to confuse and ensnare. And what is omitted from a contract can be just as important as what has been included— a daunting realization for someone who doesn't have the experience to know what they should be looking for.

Contracts are far too important to be intimidated by. Let's work on translating that legalese so that you understand what you're signing, before you sign.

In this episode of the Businessese Influencer Marketing podcast, we detail what influencers, brands, networks and agencies need to know when drafting or reading influencer marketing contracts. Any such contract should address, at minimum, these components:

* specific payment terms

* provisions for termination

* confidentiality

* ownership of deliverables

* exclusivity

Want a written list to refer back to? Bookmark these posts for later:

Five Must-Have Terms for Your Independent Contractor Agreement

Five Must-Haves in Your Sponsored Content Contract

Don't ever just sign a contract that you're uncertain about or unhappy with, hoping for the best. Contracts are intended to protect both parties, and you can be confident the other party already has their interests covered. Why would you not ensure your interests, your content and your business are similarly protected?

When in doubt, we strongly recommend hiring a lawyer to review a contract for you (yes, this is a service that we offer through our firm, Hashtag Legal) or to negotiate better terms.

Listen in as we deconstruct the essential elements of influencer marketing contracts. What further questions do you have? Drop them in our private Facebook group, Businessese HQ.

This episode is sponsored by Hashtag Legal. Contact Hashtag Legal to set up a consult to assist with your questions about influencer marketing contracts.  If there is one thing we want influencers (and all freelancers, entrepreneurs and small business owners) to take away from this podcast episode, this is it: Get it in writing. Every […]

There's a lot on your mind when you're getting your business off the ground. And even after a successful launch, there's plenty to keep you occupied as you maintain or begin to grow that business.

The last thing you probably want to think about is the legal side of your business. For many this is intimidating ground to tread at any time, let alone when you're dealing with all the moving pieces of entrepreneurship. You may think that your business is still so small, no one is going to notice your legal corner cutting.

In reality, dealing with the legal side of your business is the last thing you want to put off until some "more convenient" time. Legal mistakes can be costly, time consuming, and confidence shaking. One thing that we absolutely hate is that they can be devastating to a small business.

There are some legal concerns that all businesses have in common, and there are some legal mistakes in the influencer marketing world that we see with regularity (and it's not just the influencers that are making them).

In this week's episode of the Businessese Influencer Marketing Podcast, we're discussing the six most common mistakes we see in the world of influencer marketing and how to avoid or fix them:

* not forming the right entity at the right time

* not having the appropriate website policies in place

* not getting it in writing

* not disclosing

* not understanding intellectual property rights

* ignoring the legal side of your business

Give us a listen and subscribe on iTunes to ensure you don't miss future episodes. We'd also love to hear what topics you want to know more about in our Businessese HQ group on Facebook— next week, we're tackling contracts.

There's a lot on your mind when you're getting your business off the ground. And even after a successful launch, there's plenty to keep you occupied as you maintain or begin to grow that business. The last thing you probably want to think about is the legal side of your business. For many this is […]

Now that you've had a chance to learn about Danielle, it's time to get up close and personal with Jamie.

Like Danielle, you may have met Jamie in person at a conference where she was speaking, or have picked up some key intel from her appearances in webinars, podcasts and written interviews online. In that case you probably already know that:

* again, like Danielle, Jamie is a proud Jersey girl (who currently lives in Jersey)

* prior to law school, Jamie worked in fashion

* she has a healthy obsession with Ruth Bader Ginsberg

* she has really cool hair

* she has two adorable young boys, and

* she has strong opinions about the power of saying NO.

via GIPHY

Get to know Jamie in this episode of the Businessese Influencer Marketing Podcast! She'll cover her background in law and digital marketing, discuss what areas of influencer marketing elicit the most confusion, and Danielle will follow up with questions asking what we all want to know about Jamie Lieberman.

Give Episode 3 of the podcast a listen, and revel in the Jersey accents.

Next episode drops next Thursday! We'll see you then.

Now that you've had a chance to learn about Danielle, it's time to get up close and personal with Jamie. Like Danielle, you may have met Jamie in person at a conference where she was speaking, or have picked up some key intel from her appearances in webinars, podcasts and written interviews online. In that […]