Despite the AI boom, influencer brand deals are largely being written without clauses related to AI, intellectual property and copyright, which could leave creators and brands exposed, IP lawyers say.
At least five creators (ranging in follower size and content type) Digiday spoke with confirmed no such clauses have been added to their brand deals this year. Those clauses could include usage rights limiting a brand’s ability to use a creator’s synthetic name, image and likeness, or curbing creators’ AI tool usage in creative assets without disclosing use.
“It’s strange to me how little my clients are talking about it,” said Danielle Wiley, CEO of influencer marketing shop Sway Group. “Especially now, all of this content is now being fed into the models, and it’s so important for [the] search engine.”
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