Intellectual property

A legal framework now codified

Since the French law of 9 June 2023 regulating commercial influence and combating abuses by influencers on social media, the obligations of content creators have been significantly strengthened. This legislation, unprecedented in French law, imposes in particular:

• The obligation to explicitly disclose any commercial partnership, whether paid in cash or in kind;
• A ban on promoting certain products and services (cosmetic surgery, high-risk financial products, gambling, and others);
• The obligation to indicate the use of filters or substantial alterations of physical appearance;
• Specific rules governing activities carried out from abroad and targeting a French audience.

Beyond this framework, influencers remain subject to consumer law, the advertising rules of the ARPP (the French advertising self-regulatory authority), intellectual property law and, depending on how their activity is structured, corporate and tax law.

Legal obligations of influencers

Operating as a content creator means complying with a set of legal obligations:

• Transparency of commercial partnerships: any post made in exchange for consideration must be clearly and immediately identifiable as such, on pain of sanctions for misleading commercial practices;
• Image rights: influencers control the commercial use of their image, voice and name. Any exploitation by a third party without prior authorization constitutes an infringement that may trigger liability;
• Copyright in your creations: the content you produce is protected from the moment of creation. Making the most of that protection means understanding its scope and limits, particularly when rights are assigned under a brand partnership contract.

The contracts you need to master

The relationship between a content creator and its commercial partners rests on contracts that must be read, understood and negotiated before anything is signed:

• Brand partnership contracts: they define the nature of the content to be produced, payment terms, deadlines, performance obligations and the clauses governing ownership of the creations. An unbalanced contract can hand the brand very broad rights over your content.
• Rights assignment contracts: they specify the scope of the rights granted (duration, territory, media, right to modify). Your lawyer makes sure the assignment you grant matches exactly what was negotiated.
• Non-disclosure agreements (NDAs): common in strategic partnerships, they deserve a careful review before signing.

Image rights and copyright: an essential distinction

These two concepts, often confused, are governed by distinct legal regimes.

Image rights, enshrined in Articles 9 et seq. of the French Civil Code, allow anyone to object to the capture and dissemination of their image without their consent. They apply in particular when a brand wants to use your visual identity for promotional purposes.

Copyright, governed by the French Intellectual Property Code, protects the original works you create (videos, photographs, texts, music). This protection is automatic upon creation, but any assignment or license of these rights must be formalized in writing, specifying the scope and duration of the assignment.

Protecting your reputation and your creations

Online reputation is an asset in its own right for a content creator. MOSAIK assists you to:

• Put effective protection of your intellectual property rights in place, in particular by registering your name or visual identity as a trademark;
• Act quickly if your content or image is used without authorization;
• Respond legally to attacks on your reputation: defamation, disparagement, digital identity theft.

Frequently asked questions

Does an influencer have to disclose paid partnerships?

Yes, without exception. The French law of 9 June 2023 requires the explicit disclosure of any commercial partnership, whether paid in cash or in kind (free products, trips, accommodation). Failing to disclose it constitutes a misleading commercial practice, sanctioned under the French Consumer Code.

What precautions should I take before signing a brand partnership contract?

Check in particular the scope of the rights assigned over your creations, any performance obligations, exclusivity clauses and termination conditions. Having a lawyer review the contract before signing generally avoids substantial difficulties later on.

How should I react if a brand uses my image without authorization?

Several routes are available: a formal demand letter, a takedown request to the platforms, or court action based on the infringement of your image rights or on unfair competition. Acting quickly is often decisive in limiting the damage.