I spoke last January about influencers marketing and the law at a Gemode conference in Paris.
From the Gemode site:
Many fashion companies use social networks for marketing and communication purposes, whether it is the official social media account of the company or the account of its main designer. Some companies also use social media for promotional and commercial purposes, sometimes tapping into the creativity of influencers 2.0, whose social network accounts are followed by thousands of users. Selfies published on social networks by private individuals are an abundant and inexpensive source of content. They can be used by fashion companies following a crowdsourcing model, where the public participates in the creation of a common project that is born from the confluence of this user generated content. A new model of e-commerce has been created, social commerce, where photographs of social media “friends” are used to recommend a particular purchase.
There are laws, on both sides of the Atlantic, regulating the use by fashion companies of personal images published on social networks of private individuals and influencers The publisher must ensure that the person represented in the photograph has consented to have his or her likeness used for promotional purposes, and also ensure the legality of the use of these images from the point of view of consumer law, intellectual property, personal data law, and the right to freedom of expression. #Selfieslaw.
This conference presented some of my research as a Fellow of the Stanford-Vienna Transatlantic Technology Law Forum.by