As award season closes, a personal highlight is the red carpet
"who are you wearing?" segment. We always delight
when celebrities wear Canadian designed gowns, giving the Canadian
designer the world's spotlight. But, as always, when pop
culture and branding intersect, Froese Law can't help but
analyze the legal aspects.
The Celebrity – Designer Relationship
Sometimes celebrities love a gown/look and they simply purchase
it to wear it on the red carpet. But most commonly,
there's a lot of "behind the scenes" dealings to get
the designer to wear a particular fashion look. Below are
examples of the various ways in which a celebrity may wear a
designer's outfit:
a)Brand Ambassador
In some instances, a celebrity and a brand have entered into a long
term relationship, whereby the celebrity is contractually obligated
to represent the brand. This may include licensing the
celebrity's name and likeness to appear in commercials and
advertisements. It may contractually obligate the celebrity
to guest appear at events on behalf of the designer/brand. It
may also contractually obligate the celebrity to wear the
brand's products at high profile public events, such as on red
carpets for awards shows.
b) Brokered Relationship through a Stylist/Publicist
For smaller brands that may not have direct access to the celebrity
(through his/her management, agency or lawyer), smaller brands may
have a relationship with a publicist or stylist. The
stylist/publicist may enter into an agreement with the fashion
designer whereby the stylist/publicist creates the opportunity for
the designer's fashions to be shown to the celebrity. The
celebrity may or may not choose the designer's line.
c) A One-Off Deal with the Celebrity
In this situation, either the designer has provided free swag to
the celebrity or has paid the celebrity to wear and/or promote the
designer and his/her clothing at a specific event.
Where Does the Law Come into Play?
a) Commercial Agreements
In each of the circumstances, the relationship entered in to is
contractual, be it between a) the celebrity and the fashion
designer or b) between the fashion designer and the
stylist/publicist. Of course, the prudent way to manage the
relationship is through a written agreement. The agreement
should take into account performance obligations, compensation
(both monetary and in kind), morality provisions, duration, term,
termination, etc.
b) Compliance with Influencer Marketing Laws and Advertising
Laws
Interestingly, in both Canada and the US, there is concerted effort
by both governments to clamp down on influencer marketing by
specifically extending the reach of advertising laws to encompass
influencer marketing. Especially in the US, we have seen many
instances whereby fines are issued against influencers who fail to
abide by marketing legislation. Common offences include lack
of sufficient disclosure regarding the commercial relationship
between the celebrity and the brand.
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