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In the Business of Influence: Contractual Practices and Social Media Content Monetisation
Journal
Schweizerische Zeitschrift für Wirtschafts- und Finanzmarktrecht
ISSN
1018-7987
Type
journal article
Date Issued
2019
Author(s)
Goanta, Catalina
Abstract
In 2018, 300 hours of content were uploaded on Youtube
every minute. Most of it is generated by regular people
who share content for a living, and those who amass
enough followers are known as influencers. Traditionally,
media laws have controlled aired content. Nowadays,
broadcasting decentralisation and social media trends
such as influencer marketing challenge the rationale
and application of these rules. In practice, content is
controlled by private parties, through contracts concluded
in the monetisation supply chain, giving contract
law a critical angle to tackle the peer economy of which
influencers are part. Contractual transactions are ripe
with tensions: Influencers must constantly entertain
followers, yet they depend on brands to monetise their
popularity. As monetisation is inherently transactional,
contracts are powerful windows into the mechanisms
which exercise content control. This paper contributes
to the debate on the regulation of social media influencers
by examining the supply chain and proposing
legal classifications for the type of contracts concluded
therein according to Swiss law, as well as by discussing
potential contractual vulnerabilities for the parties involved
in these transactions.
every minute. Most of it is generated by regular people
who share content for a living, and those who amass
enough followers are known as influencers. Traditionally,
media laws have controlled aired content. Nowadays,
broadcasting decentralisation and social media trends
such as influencer marketing challenge the rationale
and application of these rules. In practice, content is
controlled by private parties, through contracts concluded
in the monetisation supply chain, giving contract
law a critical angle to tackle the peer economy of which
influencers are part. Contractual transactions are ripe
with tensions: Influencers must constantly entertain
followers, yet they depend on brands to monetise their
popularity. As monetisation is inherently transactional,
contracts are powerful windows into the mechanisms
which exercise content control. This paper contributes
to the debate on the regulation of social media influencers
by examining the supply chain and proposing
legal classifications for the type of contracts concluded
therein according to Swiss law, as well as by discussing
potential contractual vulnerabilities for the parties involved
in these transactions.
Language
English
HSG Classification
contribution to scientific community
HSG Profile Area
LS - Business Enterprise - Law, Innovation and Risk
Refereed
No
Publisher
Schulthess
Publisher place
Zürich
Number
91
Start page
346
End page
357
Subject(s)
Division(s)
Eprints ID
259558