Creator Marketing at a Crossroads: Key Takeaways from the 2026 ANA Masters of Advertising Law Conference

This week, we had the pleasure of taking the stage at the 2026 ANA Masters of Advertising Law Conference in Huntington Beach, California. We were joined by Hilary Williams, Partner of Talent Management at Digital Brand Architects, for our panel, “Creator Marketing at a Crossroads: The Legal and Business Issues Reshaping Advertising.” Our starting point was simple: creator influence is no longer just a campaign tactic. It has become a foundational part of the advertising industry, as creators shape content strategy, build enterprises, join unions and change how modern advertising is structured. Here are some of the key takeaways from our discussion:

• You're negotiating with a brand, not a person. Today's top creators are entrepreneurs running their own businesses, with their own audiences, IP and long-term commercial strategies. This gives creators a more active role in shaping deal terms and creates opportunities for more balanced, strategic partnerships with brands. Brands should expect more strategic negotiating from established creators, and their agreements should reflect that new dynamic.

• Creator content is valuable IP. Creator content is no longer disposable marketing. Brands increasingly seek expansive usage rights that may extend beyond the initial campaign window, while creators are simultaneously more sophisticated about guarding their most valuable asset: themselves. Exclusivity also requires more care in order to balance a brand's competitive interests with a creator's need to maintain a diverse portfolio of partnerships.

• Define how data can be accessed, used and leveraged. Creator partnerships generate valuable data about audiences, engagement, purchasing behavior and campaign performance. Agreements should address who can access that data, how it may be used and combined with other information, whether it can support audience targeting or product development, and what happens to it when the relationship ends. Both brands and creators should also consider whether content, performance data, names, images, voices or other assets may be used to train or improve AI systems.

• Union status belongs in early diligence. As more creators join SAG-AFTRA, brands should confirm early whether talent is union-affiliated and how that affects deal structure, payments and production.

• Compliance is a shared responsibility. The Federal Trade Commission (FTC) and BBB National Programs' National Advertising Division (NAD) are looking at both the advertiser and the creator. Brands can't shift all compliance onto creators, and creators can't assume they won't be targeted. Disclosure requirements should be specific and actionable, and claim substantiation guardrails should be in place before content goes live. Contracts should also plan for real-world friction points, including review timelines, takedowns and reshoots, and indemnification that flows in the right direction.

• AI and alternative creator models raise new questions. The panel looked at how AI-generated and alternative creator models fit into this ecosystem. New laws, such as New York's and California's synthetic performer laws, and Pennsylvania's newly passed AI disclosure law, are already setting requirements for advertisers, and other states are following. Brands should revisit consent, disclosure and contract terms with these models in mind.

• Structure the partnership for its full lifecycle.  As brand-creator relationships may evolve from traditional sponsorships into joint ventures, executive/advisor roles, and equity arrangements, the parties need a framework that addresses contributions, governance, and the treatment of rights, assets, and equity throughout—and after—the relationship.

The strongest brands and creators will approach partnerships as opportunities to build lasting value. By thoughtfully managing content, IP, data and audience relationships, both sides can protect their respective interests, support mutual growth and create opportunities that extend beyond a single campaign or platform.

Thank you to the ANA for a terrific conference, and to Hilary and everyone who joined us.