Tahir's Tips: Legal Advice for Blogger Collaborations
Remember when Anna Wintour said, “everyone’s a fashion editor, everyone’s a fashion writer”? Well much has been written about the impact of blogging on the fashion world. There are thousands of blogs on the World Wide Web and the best professional bloggers such as the Sartorialist, Style Bubble, Bip Ling, Face Hunter and Fifi Lapin have become household names in the fashion industry. Such is the influence and readership of these top blogs that brands high and low are actively seeking opportunities to collaborate with bloggers on an array of projects. There are countless examples of these collaborations; some of the most successful include Burberry’s collaboration with the Sartorialist on the Art of the Trench project in 2009, Swedish style blogger Elin Kling’s collaboration with H&M in late 2011 and Susie Bubble’s recent styling commission for a range of shoes for Clarks.
With the boundaries of these mutually beneficial relationships becoming increasingly intertwined there are increased opportunities for savvy bloggers. Below are some top legal/commercial tips for bloggers to consider when working with a brand or designer (however large or small);
Get it in writing:
If you are going to work on a project or be commissioned, then having the details agreed in writing is always best practice. There should be a written agreement signed by both parties that sets out the limits on the working relationship, your obligations, the brand’s obligations and it should include important details relating to payment, liability and IP. Always ask for an agreement if there isn't one in place. It is sensible to have this finalised before you start any work if possible.
Be IP (intellectual property) savvy:
If you are taking photos, writing, creating artwork or drawing designs for a project then consider whether you want to retain ownership of the copyright in these works. Brands will often put in agreements that will transfer ownership to them – you may not have any bargaining power in that regard but it is worth thinking about and should be a consideration when agreeing your fee.
Protect your rights:
If you are a very successful blogger then you may wish to consider registering your name as a trademark. Scott Schuman has cleverly registered “The Sartorialist” in the United States and Bip Ling has registered her name in the EU. Use of a registered trademark will have value attached to it and can therefore be a bargaining tool when negotiating collaborations or projects. Having a registered trademark can also create licensing opportunities.
Push your brand:
You should agree clearly how your blog/brand will be represented throughout the project and in any related PR. Bloggers are no doubt aware of the power of publicity so make sure you agree on how this will work. Include provisions relating to the misuse of your brand too.
Know your worth:
This will vary from project to project but consider how much of your time will be spent and what the current market rates are, how valuable your experience is, how influential your blog/brand is and if the brand is using any of your IP. Don't be afraid to be pushy here. If you don’t ask you won’t get!
When/how will you get paid:
This should be discussed early on and should be written into any agreement. Make sure it works for you and is not unreasonable. A brand's pay cycle may have quirks and you don't want to be left out of pocket for too long!
Be aware of obligations relating to paid promotions:
This topic is a hot one and has been previously covered by The Industry. The bottom line is that you should be as transparent as possible and disclose any sponsorship to the public.
For more information on Industry member, Tahir visit his personal partner page on the Sheridans website. To contact him directly, visit The Industry Directory, email [email protected] or telephone 020 7079 0103.
