The content creation space has grown and matured in the last several years. A recent Interactive Advertising Bureau study found that the number of people with full time jobs as content creators in the U.S. jumped from 200,000 in 2020 to 1.5 million in 2024. The economy of creators now accounts for 18% of the U.S. GDP. With that growth, it is more important than ever for creators to understand what should be in brand agreements and how the different parts of the agreement can impact them.

Here are just some of the important things about brand agreements that should be aware of:

1. It should be in writing. And not just sliding into the DMs. First and foremost, a deal with a reputable brand will involve an agreement spelling out the terms of the deal, as well as what happens if it doesn’t work out.
2. Parties. It is important to understand the parties involved, like whether the creator will be working with the brand directly, or through an agency.  Understanding how that third party works in the mix is also central to a creator agreement, as it can impact who is responsible for submitting content for approvals and other communications, as well as payment and other items discussed in this post. 
3. Content. The specific content, format, and any applicable restrictions on the content should be laid out clearly. For example, the length of the content and whether the content should be a social media post, a YouTube video, or a combination of various formats. Brands will typically ask for some sort of approval rights. Several rounds of approval may delay posting and be a burden on the Creator.
4. Timing. There are several different timing requirements that should be specified.  The campaign period may only last a few months or even days. But coverage obligations may last longer.  If a brand is slow to give approvals, creators may want extra time to finalize the content. The expectations for a long-term deal can be very different than those for a shorter term engagement, and it is good to understand those expectations to plan accordingly for success.
5. Platforms. This might seem obvious, but the Agreement should clearly state which platforms the content should be on. Ideally it should be the platforms on which the creator is most successful and comfortable. Depending on the content, the parties may want to consider what the platform guidelines are.
6. Intellectual Property. Who owns the content? This impacts who gets to use the content after the agreement ends. Even if the creator owns the content, does the brand have certain usage rights for the content? For example, brands may want the ability to post the content on their own channels or to boost content as paid advertising. This should all be spelled out clearly in a brand agreement.
7. Payment. Payment details should be clearly spelled out. Obviously, the agreement should be clear about how much the creator should be paid. But also payment timing and mechanisms will be important. Will all of the payment be due upon completion of the agreement? Creators might prefer to have half of the payment up front and half upon completion. What happens if the agreement is terminated while the creator is in the middle of creating the content? Or what happens if the brand doesn’t use the content? Does the Creator still get paid in these situations? All of these should be spelled out.
8. Compliance with laws. A reputable brand should have language in an agreement or a separate set of rules that require creators to comply with applicable laws. These are typically the Federal Trade Commission endorsement guides, which require creators who have received anything that might materially influence their opinion to disclose that they were given that good or service. It is important to note that these laws apply whether a creator is working with a brand directly, or through an agency.  Initially, the endorsement guides said that giving someone early access to a game was not something that would materially influence a person’s opinion, but this has now changed. It can be relatively simple to comply, either making the disclosure verbally, or putting a watermark on a video. However, more reputable brands may require explicit written and verbal disclosures in both the content itself and in the description of the content. 
9. Dispute resolution. What happens if things don’t work out? How will the parties resolve it? If lawyers need to get involved, who will pay for them? It may seem easy to overlook these questions when a creator is excited about a new brand deal, but it is important to consider what happens if things don’t work out. What happens if the creator doesn’t get paid? Would the matter go to court, or another type of dispute resolution like mediation?
10. Termination. Who can terminate the agreement and when can they terminate the agreement?     There are a number of situations where one party might want to leave the agreement or want to keep the other party in the agreement. For example, some brands may have morality provisions that allows the brand to terminate the deal if a creator engages in criminal or other bad conduct.
11. Governing law. A brand agreement should state which jurisdiction’s law will apply in the event of a dispute. Typically the governing law will be the one that is convenient for the brand, like New York or California. Sometimes, the company engaging the creator is in a foreign jurisdiction. A creator may not always be able to negotiate this to the state where they live, but it’s good to be aware of in the event of a problem and to understand what middle ground jurisdictions or remote options are available.

As the creator industry grows and brand agreements become more sophisticated, it becomes more and more important for creators to understand the different terms that could affect them and their rights in a brand agreement.

The team at Odin Law & Media works regularly with creators, and can help creators negotiate brand and other types of agreements.