Specialized legal advice for creators, influencer marketing agencies, and brands
From creators to digital influencers, including infoproducts vendors, marketing agencies specialized in influencer, traffic managers, platforms and social networks, the influencer industry in Brazil is one of the most promising and dynamic sectors in digital environment.
While it evolves and revolutionizes the market, the ecosystem of creators and influencers is subject to a set of laws and regulations, including Brazilian Constitution, Civil Code, Consumer Defense Code, the Internet Civil Rights Framework Act (“Marco Civil da Internet’) , the General Data Protection Act (‘LGPD’), as well as to the rules and guidelines established by the National Council of Self-Regulation in Advertising (CONAR) and the National Data Protection Authority (ANPD).
Knowing and understanding the market and its singularities is essential to define strategies and ensure legal compliance of creators’ rights and obligations among contractors, contracted staff, marketing agencies, service providers, partners and target audience. Likewise, creators should be advised on legal issues involving the proper use of freedom of expression, image rights, contractual remedies, protection of intellectual property, and strategic planning of their tangible and intangible assets.
With large practical experience in Corporate and Contracts, Privacy and Data Protection, Intellectual Property, Dispute Resolution (Arbitration, Litigation and Mediation), Tax, Labor and Digital Law, L.O. Baptista is prepared to respond to these and other demands.
We have a multidisciplinary committed team with experienced and qualified professionals, considered references in their fields. LO Baptista is prepared to develop customized, creative, and innovative solutions, anticipating needs and offering legal security for the success and development of the market of creators and influencers.
HOW CAN WE HELP YOU?
- Corporate and digital structuring of business
- Developing robust legal framework for protection of personal assets.
- Consulting in negotiations with investors, crowdfunding, and financing.
- Advice on privacy and data protection issues, including the drafting of privacy policies, terms of use in websites, and adoption of best practices in accordance with the Internet Civil Rights Framework (‘Marco Civil da Internet’), e-commerce laws and LGPD in Brazil.
- Advice regarding the protection of copyrights and other intellectual property rights, including trademark and domain names
- Advice on specific issues related to image and publicity rights, tangible assets, and non-fungible tokens – NFTs.
- Advice on contracts generally used in social media and creative industries, such as those related to content creation, marketing, agency, advertising services, partnerships, sponsorships linked to advertisements, licensing television shows, streaming products and support staff.
- Legal advice for compliance with legal obligations and regulation on the use of images of children and adolescents.
- Advisory services for compliance with CONAR and CENP rules.
- Legal advice for the creation of authorized commercial promotions (auctions, campaigns, raffles, and prizes) and regulations before REPCO, Brazilian Caixa/CEF Bank, and Sucep.
- Intelligent proactive monitoring of infringing acts of reputation and image´s rights on the Internet and intellectual property owned by agencies and content creators.
- Legal advice and representation in proceedings and adoption of protective measures against viral content and cancellation.
- Legal assistance with estate planning issues, including digital inheritance.
- Follow-up and update of specific regulatory frameworks for creators.
