Brands and advertising agencies have long engaged celebrities to promote products and services in television or radio commercials and, increasingly, on social media. YouTube videos, TikToks and Instagram reels are now key elements of brand marketing. Most celebrity influencers and many noncelebrity influencers are members of SAG-AFTRA—the Screen Actors Guild-American Federation of Television and Radio Artists. Brands engaging SAG-AFTRA talent for traditional and digital commercials must comply with the stringent requirements of the SAG-AFTRA Commercials Contract. SAG-AFTRA believes the Commercials Contract also applies to social media videos, but most advertisers disagree. To sidestep this debate, SAG-AFTRA recently released the Influencer Agreement and the Influencer Waiver, both of which set standards for engaging influencers that are less stringent and less expensive than the Commercials Contract.
Influencer videos must meet several requirements to qualify for either the Influencer Agreement or the Influencer Waiver, and failing to meet these requirements could trigger the stricter requirements and higher costs of the Commercials Contract. Check out the next episode of our In The Know series, “Navigating SAG-AFTRA’s Influence on Influencers,” narrated by associate John Monterubio, to learn more about these new agreements and how Loeb’s Advertising, Marketing & Promotions team can help brands, agencies and influencers navigate their complicated requirements and nuances.