The internet has been buzzing about a recent collaboration with mega-influencer Nara Smith and luxury brand Marc Jacobs. In the brand’s TikTok video, which has received more than 2 million likes and 11 million views since posted early this week, Smith is featured baking her very own version of The Tote Bag from scratch. However, the campaign is facing some backlash from users for allegedly imitating another creator, Mary Korlin-Downs, who previously made a similar video baking the same bag from scratch through a trade partnership with the brand, she said in her own TikTok Video.
Though the viral campaign was widely popular, backlash like this can hurt its effectiveness and potentially harm the brand’s reputation. With influencer marketing being a popular strategy across many industries, here are a few things PR pros can do to avoid similar backlash from their own campaigns.
Create a Game Plan
First, never underestimate the power of a good creative brief and an influencer agreement. Creative briefs help guarantee that campaign goals and objectives are communicated clearly and provide guidelines for branding, messaging and potential ideas and storylines. On the legal side, influencer agreements ensure that both parties understand expectations and obligations.
It’s common for these agreements to include elements such as a scope of work, compensation, reporting cadence and terms for termination. PR pros should also take a deep dive to assess what type of ownership is needed for the content being made.
Clearly Outline the Legal Dos & Don’ts
For content that you’re looking to repurpose and reuse both through paid and owned communication channels, be sure to clearly outline in your influencer agreement that content and creative ideas (when applicable) created during the partnership are owned by the brand and the duration sought for this ownership.
Some influencers will accommodate this and charge brands extra for ownership rights. Though it can be pretty pricey, it's a much-needed step to ensure that you’re properly using the creator’s image and likeness in agreement with the partnership and copyright laws.
Consider the Ethical Implications
When it comes to creative ideas, a contract can help determine who owns them when contracting creative work. However, there may still be ethical implications that should be considered, especially when deciding whether or not to disclose the original creator of the ideas created in partnership.
PR pros should be proactive in ensuring they properly disclose all information needed for the public to engage in responsible decision-making. Research shows a trend with Gen Z consumers seeking honesty and fairness when making purchasing decisions and holding brands accountable. Practitioners should go the extra mile and ensure the public is fully informed based on the Federal Trade Commission guidelines and any additional ethical standards of its audience. Always credit original creators when participating in a trend. When working with similar creators, consider creating a content series and address in the creative brief and agreement if the ideas developed for the partnership are owned by the brand under "work made for hire" copyright laws.
Much like a good recipe, there are a lot of factors to consider when creating an influencer campaign from scratch. While we continue to navigate the quickly changing communication landscape, PR pros must be vigilant. They should lean into their expertise in strategy and relationship-building to protect the reputation of the brands they represent and the authenticity and accuracy of the social media channels they manage.
Shakayla Zoss is a PR practitioner and the marketing and brand specialist at Downtown Lansing Inc.