LegalGELegalGE
...

Brand Partnership Agreements

Who owns the content created for a brand?

Unless the contract specifies "Work for Hire" or assignment of rights, the creator retains copyright, and the brand only gets a license to use it.

What is an exclusivity clause?

It restricts the creator from working with direct competitors for a set period. Always define "competitors" narrowly to avoid limiting future income.

Can a brand refuse to pay if they don't like the post?

Only if the content violated specific guidelines in the brief attached to the contract. Subjective dislike is usually not grounds for non-payment if the brief was met.

Reading Time

2 min

Published

...

A Brand Partnership Agreement is a fundamental legal document regulating the collaboration between a business and a content creator (or another business). It is not just a simple invoice; it is a detailed agreement defining campaign goals, party obligations, and intellectual property rights. In the digital world, where negotiations often happen in Instagram DMs, the lack of a written contract creates immense risks: non-payment, missed deadlines, and misunderstandings about the scope of work.

Legal services for partnership agreements include:

  • Scope of Work: Precise definition of deliverables (how many posts, what type of video, duration).
  • Compensation and Payment Terms: Flat fees, performance bonuses (affiliate), payment schedule (upfront/net 30), and currency.
  • Exclusivity: Prohibiting the promotion of competitor brands for a certain period.
  • Usage Rights: Who owns the created content? Does the brand have the right to use the influencer's photo on a billboard or TV ad (Whitelisting)?
  • Termination and Penalties: Conditions under which parties can end the collaboration (e.g., reputational scandal) and penalty amounts.

A practical example: A brand commissions a video from an influencer. The video is posted, but the brand dislikes the quality and demands a reshoot. If the contract doesn't specify the "Number of Revisions," the influencer can refuse or demand extra payment. Another example: A brand continues using an influencer's photo on their website 2 years later. Without a contract, it's hard for the influencer to prove that usage rights were granted for only 1 year.

In Georgia, these contracts are regulated by the Civil Code (Service Contract) and the Law on Copyright and Related Rights. It is important for the contract to be bilingual (Georgian-English) if one party is an international company.

The lawyer prepares individual contracts or "Master Services Agreements" for long-term cooperation. Legal.ge offers contract specialists who ensure your financial and legal security.

A good partnership starts with a good contract. Don't leave details up in the air; sign documents with the help of Legal.ge.

Updated: ...

Specialists for this service

Loading...