Written by Chiagozie Ezennia | July 9, 2026
Influencer marketing is one of the most powerful ways to grow a brand since a well-chosen creator partnership can put your products in front of the right audience, build trust fast, and generate content you can repurpose across your own channels. But behind the polished and viral posts, there are real intellectual property (IP) risks that catch brands out, often because nobody thought to ask the right questions before the campaign went live.
Below, we explore the key IP risks and practical steps to mitigate them.
It is common for brands to assume that because they paid for an influencer’s post, they own it. In reality, under UK law the creator will usually own the copyright in the content they produce unless the contract says otherwise. That means if you want to reuse, edit, sub-license, or broadcast the content beyond the influencer’s own feed, you need clear written rights.
Your agreement should spell out the scope of usage rights, including platforms, territories, purposes, duration, and whether you can create derivative works or sub-license the content to retail partners. Without that clarity, you may find you have paid for content you cannot actually use.
Influencers often add music, stock images, graphics, or even other brands’ trade marks into their posts without knowing. If that content is not properly licensed, you could find your brand associated with an infringement claim, especially once you repost the material on your own channels.
Contracts should include warranties that the influencer’s content is original and does not infringe third-party rights, together with indemnities and a requirement to obtain your approval before publishing. Brand guidelines should also make clear which of your logos, trade marks, and assets the influencer may use and how they can use it.
Under the CAP Code, both the brand and the influencer share responsibility for making sure promotional content is obviously identifiable as advertising. The ASA has been clear: labels like “Ad”, “Advert”, or “#ad” are likely acceptable, but only if they are prominent and not buried in a sea of hashtags.
Build compliance into your contracts. Specify the disclosure wording, placement, and format, and reserve the right to request changes before content goes live. If something falls foul of the rules, the regulator will look at both parties.
Reputational risk is real. A morality clause gives you the right to terminate the agreement and require content takedown, if the influencer’s conduct damages or is likely to damage your brand’s reputation. Pair this with exclusivity provisions that prevent the creator promoting competitors during (and ideally for a period after) the campaign, and define exactly what “competitor” means.
Your contract should also confirm that the influencer does not acquire any rights in your trade marks, logos, or brand name through the collaboration. Inconsistent or unauthorised use of your marks can weaken trade mark protection over time.
Finally, keep an eye on AI-generated content and user-generated reposts. Both raise additional copyright and licensing questions that are easy to miss especially if content is repurposed beyond its original context or generated using AI tools whose terms may affect ownership.
Influencer partnerships can deliver real commercial value, but only if the legal foundations are solid. Carry out due diligence on creators before you commit. Put in place a robust written agreement covering ownership, usage rights, warranties, compliance obligations, approval rights, and termination. Share clear social media guidelines and monitor how your brand is being used online.
How can Briffa help? If you are entering into an influencer or creator partnership and would like to sense-check your contract, usage rights, or brand protection strategy, Briffa’s IP solicitors would be happy to help. Just get in touch to learn more.
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