Please note that all my articles are for informational purposes only and not legal advice. I assume no liability for the content of my articles. The articles may be out of date, the legal situation may have changed, or the specific situation in a case may need to be assessed differently. A binding consultation can only be given by me directly in the individual case. Take advantage of my free brief consultation!
A wave of warnings against numerous influencers is currently rolling in. The last time I reported about it was here. Now I am confirmed by further inquiries that my general article to it:
perhaps should be taken more seriously! Even though the article refers to streamers, it is applicable to influencers from Twitter, Instagram or other social media channels to a large extent.
Currently, the issue is Instagram posts that are tap tagged but not sufficiently marked as advertising. Like the well-known industry magazine LTO, a number of preliminary injunctions have already been issued. I haven’t gone that far yet, but if you’re an inexperienced streamer or influencer (and it can happen to those with a fairly small number of followers/subscribers) and you ignore warnings, you’ll be in the cost trap sooner than you’d like.
So when life as a streamer/influencer picks up speed, the risk factor also increases. This is mainly due to the fact that the relevant legal issues are very contentious and complicated in detail, as few courts have ruled on them so far, many aspects even depend on EU law, and the industry has a large international aspect. I can therefore advise anyone who is starting to make money from their social media activity to seek professional assistance.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
