Work effectively with digital content creators

The way we buy, sell and recommend products has forever shifted towards algorithm-backed tailored recommendations. This multi-billion dollar global advertising industry is driven by a dispersed digital network of content creators, all working towards the goal of building a profitable following of like-minded individuals. You know them as ‘creators’ or ‘influencers’.

Understanding the risks and drivers

Tapping into this market can be effective and much lower cost than other traditional forms of advertising. However, wherever cost efficiencies can be found, so can opportunities for brand damage and wasteful spending. This is where Artificer can help; we understand the risks and drivers facing digital creators and digital businesses, and we can use our unique fusion of legal and technology services to help in a way that is much more complementary (and much more cost effective) than traditional law firms.

Avoid the scattergun approach

While platform-based marketing can offer better cost efficiency, it’s important for advertisers to select creators that have a reliable track-record of delivering quality content and can harness the right audience for the brand. You want to avoid a ‘scattergun’ approach and instead implement systems that allow you to effectively vet multiple creators, so you can leverage multiple audiences. This helps you mitigate the risk of diminishing the quality of your messaging, and ensures it reaches its target audience.

Turn influencers into ambassadors

The best approach for advertisers is to create really impactful marketing briefs and performance metrics, and have an internal marketing department that is able to vet the quality of content submissions coming from the network of creators against these standards. As your marketing programme matures, you tend to get a narrowing down of creators that work best with your brand, and you can then taper off engagements with the others. As a result those key creators become the mainstay of your promotional programme, or they are sometimes even open to being hired to reduce the costs even further.

How We can help

Normally, we are involved in assisting companies to structure influencer/creator marketing contracts that comply with Commonwealth labour laws (like the Fair Work Act) and helping build technology based infrastructure for the efficient execution of these agreements. We can go beyond this however, and help you develop strategy briefs, content guidelines and performance management schemes. This allows you to leverage creators effectively and ensure you can narrow down your focus to the key creators that work for you, when you eventually discover them.

We can also save our clients money and leave them with a technology-based solution that pays recurring dividends, rather than ‘once-off’ transactional assistance or the per-creator approach that some legal firms might require you to adopt in order to work with them.

Build agreements that work for both parties

Well-structured influencer agreements can prevent misunderstandings, protect your brand reputation, and create a clear framework for successful collaborations. Here are some of the basics to help you understand what you’d normally look for in a good agreement.

Scope of Work and Deliverables

Its essential to define exactly what content will be created, which can include granular details such as number of posts, story mentions, video content, or other deliverables. We can help define posting schedules, content formats and ensure creators fully utilise the marketing features in each platform. Including these terms removes ambiguity about expectations and provides both parties with clear success metrics. This can prevent disputes over quality of the work and helps you scale and plan your marketing calendar around confirmed content delivery dates.

Compensation and Payment Terms

Payment clauses can accommodate flat fees, performance bonuses, product exchanges, or outcome-based compensation models. We can structure milestone payments tied to content approval, posting dates, or performance metrics. Getting the compensation model right allows you to align payment structures with your cash flow requirements while providing creators with a more predictable income stream than other brands. Better payment structures also reduce administrative overhead and help maintain positive working relationships, especially when working with modern digital payment technologies.

Intellectual Property and Usage Rights

IP clauses determine who owns the created content and how it can be used beyond the initial campaign. We can structure rights to allow you to repurpose content across different platforms, use it in future marketing materials, or restrict usage to specific time-frames. This maximises the value of your investment by extending the life of commissioned content while respecting the creator’s ongoing relationship with their audience.

Performance Metrics and Reporting

These provisions define what success looks like and how it will be measured, including engagement rates, reach targets, or conversion goals. We can establish reporting requirements that give you the data needed to evaluate campaign effectiveness. This enables data-driven decision making for future campaigns and helps justify marketing spend with concrete performance metrics.

Content restrictions and Exclusivity

Exclusivity clauses can prevent creators from promoting competing brands during campaign periods or for specified timeframes afterward. We can tailor these restrictions to your competitive landscape and campaign objectives. This protects your marketing investment by preventing dilution of your message while allowing creators to maintain diverse income streams from non-competing brands. These clauses have to be carefully considered in light of anti-competition legislation, which we’re well placed to assist with.

What else?

Beyond these core clauses, Influencer Agreements can include content approval processes for even greater control over creative output, brand guidelines that maintain consistency across campaigns, termination provisions that provide flexibility for changing circumstances, and liability allocation clauses that manage legal risks. We can tailor these additional provisions to match your specific campaign objectives and risk tolerance while maintaining the collaborative nature of creator partnerships.