I’m realizing we’ve been winging the contract side of cross-market influencer deals, and it’s starting to bite us. We have a standard creator agreement that works fine for US-only campaigns, but when we bring in LATAM creators, things get messy fast.
Here’s what we’ve run into:
Usage rights across borders: We signed a creator in Mexico for a product feature, and their contract said they retained rights to repurpose the content in their own channels. Fine. But then we wanted to use that same video in US-targeted ads, and suddenly we’re in murky territory. Different countries have different IP laws, different interpretations of what “usage rights” means, different tax implications.
Payment and currency: One creator pushed back hard on our standard payment terms because in their country, the tax implications of receiving USD payments directly are complicated. We ended up paying through an intermediary, which added costs and delays.
Content approval and liability: We did a campaign with a creator in Brazil, and she posted something that technically didn’t violate our brief, but it raised questions about FTC disclosure requirements in the US and similar regulations in Brazil. Our contract didn’t address this at all. We had to scramble.
Timeline and availability: US creators usually work on a predictable week-to-week or month-to-month basis. Some LATAM creators we’ve worked with have very different expectations around turnaround time, revision rounds, or exclusivity periods. Our contracts didn’t account for these cultural and operational differences.
I know this is probably boring compared to strategy talk, but I’m convinced that getting the legal side right actually enables better creative partnerships. If both parties are clear on expectations, timelines, and rights, there’s way less friction.
Who else is dealing with this? How are you structuring these agreements? Are there specific clauses or protections you’ve built in after experiencing problems?