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Overview

As an influencer or content creator in California, you have strong legal protections when brands fail to pay or misuse your content. I personally draft demand letters that enforce your contract rights and recover what you are owed.

Key Protection: California influencer contracts are governed by general contract law, the Talent Agencies Act (Labor Code 1700+), copyright law, and potentially the Consumer Legal Remedies Act if you were deceived about payment terms.

Common influencer contract disputes I handle:

  • Non-payment: Brand received content but refuses to pay the agreed fee
  • Late payment: Payment significantly delayed beyond contract terms
  • Scope creep without pay: Brand demands additional deliverables beyond the original contract
  • Unauthorized content usage: Brand uses content beyond the licensed period or platforms
  • Kill fee violations: Campaign cancelled without paying the agreed cancellation fee
  • Exclusivity violations: Brand claims exclusivity but fails to compensate for lost opportunities
  • Work-for-hire disputes: Brand claims ownership when the contract specified licensing only
  • Improper content repurposing: Using creator content in ads, TV, or other unlicensed channels
Important: I also help brands that have received demand letters from influencers. Whether you are the creator or the brand, I provide strategic guidance on resolving these disputes efficiently.
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Legal Basis

California provides multiple legal remedies for influencer contract breaches:

California Contract Law - Breach of Contract ▾

Under California Civil Code, a valid contract requires offer, acceptance, consideration, and mutual assent. When a brand breaches:

  • Compensatory Damages: Full payment owed under the contract
  • Consequential Damages: Lost opportunities, additional expenses incurred
  • Specific Performance: Court may order the brand to perform (rare but possible)
  • Interest: 10% annual prejudgment interest on amounts owed

Statute of limitations: 4 years for written contracts, 2 years for oral agreements.

Talent Agencies Act (Labor Code 1700-1700.47) ▾

The Talent Agencies Act protects performers, including influencers:

  • Licensing Requirement: Anyone procuring employment for artists must be licensed
  • Voidable Contracts: Contracts with unlicensed agencies may be voided
  • Fee Recovery: Fees paid to unlicensed agents are recoverable
  • Labor Commissioner Jurisdiction: Disputes can be filed with the Labor Commissioner

If an influencer marketing agency acted as an unlicensed talent agency, the entire contract may be voidable.

Copyright Act (17 USC 101+) ▾

Your content is protected by federal copyright law:

  • Automatic Copyright: You own copyright the moment you create content
  • License Limits: Brands can only use content within licensed scope
  • Infringement Damages: Actual damages plus profits, or statutory damages
  • Statutory Damages: $750-$30,000 per work ($150,000 for willful infringement)
  • Attorney's Fees: Recoverable if work was registered before infringement

Important: Work-for-hire must be explicitly stated in writing before creation to transfer ownership.

FTC Disclosure Requirements (16 CFR 255) ▾

While primarily for consumer protection, FTC rules affect contracts:

  • Clear Disclosure: Material connections must be disclosed (#ad, #sponsored)
  • Brand Responsibility: Brands are responsible for ensuring influencer compliance
  • Contract Terms: Compliance requirements should be in the contract
  • Defense Against Claims: Proper disclosure protects both parties

If a brand's contract failed to address FTC compliance and you face regulatory issues, this may be grounds for additional claims.

Consumer Legal Remedies Act (Civil Code 1750+) ▾

If you were deceived about payment or contract terms:

  • Prohibited Practices: Misrepresenting terms of payment or services
  • Actual Damages: All economic losses
  • Treble Damages: Up to 3x actual damages for willful violations
  • Attorney's Fees: Recoverable by prevailing consumer

Requirement: 30-day demand letter required before filing CLRA lawsuit.

Statute of Limitations: Written contract claims: 4 years. Oral contracts: 2 years. Copyright claims: 3 years from discovery. CLRA: 3 years. Do not delay enforcing your rights.
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Evidence Checklist

I gather this evidence to build the strongest case for your influencer contract claim:

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Written Contract or Agreement

Original signed contract, including all amendments, addenda, and email confirmations

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Scope of Work / Brief

Campaign brief, deliverables list, and any creative direction documents

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Content Created

All photos, videos, posts, stories created for the campaign with timestamps

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Proof of Delivery

Screenshots showing content posted, analytics reports, or file transfer confirmations

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Communications

All emails, DMs, texts with brand or agency regarding payment and deliverables

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Payment Terms and Invoices

Payment schedule, invoices submitted, and any partial payments received

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Usage Rights Documentation

License terms, usage period, approved platforms, and any exclusivity clauses

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Evidence of Unauthorized Use

Screenshots of content used beyond license (ads, TV, other platforms, past expiration)

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Calculate Damages

I calculate your potential recovery based on contract terms and applicable law:

Original Contract Amount $5,000
Less: Amount Paid -$0
Base Amount Owed $5,000
Additional Usage (3 months unauthorized) $3,000
Exclusivity Violation Damages $2,500
Prejudgment Interest (10% annual) $500
Total Potential Recovery $11,000+
Contract Amount + Interest ▾

Base recovery includes:

  • Full contract amount for delivered work
  • Any agreed bonuses or performance payments
  • Expense reimbursements specified in contract
  • 10% annual prejudgment interest under California law
Additional Usage Fees ▾

When brands exceed licensed usage:

  • Industry standard: 25-100% of original fee per month of overage
  • Platform expansion: Additional fees for each unlicensed platform
  • Ad usage: Typically 2-5x the original content fee
  • TV/broadcast: Premium rates well above social media rates
Kill Fees ▾

When campaigns are cancelled:

  • Cancellation before production: 25-50% of fee (industry standard)
  • Cancellation after production starts: 50-75% of fee
  • Cancellation after delivery: 100% of fee
  • Plus reimbursement for all expenses incurred
Consequential Damages ▾

Additional recoverable damages may include:

  • Lost opportunities from exclusivity periods
  • Production costs for unusable content
  • Travel and equipment expenses
  • Reputational harm if brand caused public dispute
Copyright Infringement Damages ▾

For unauthorized use of your content:

  • Actual damages: Fair market licensing value
  • Profits: Any profits brand made using your content
  • Statutory damages: $750-$30,000 per work
  • Willful infringement: Up to $150,000 per work
  • Attorney's fees if registered before infringement
My Fee Structure: I handle influencer contract matters on a flat-fee basis ($450 for demand letters), hourly ($240/hr for negotiations), or contingency (33-40%) for larger disputes. I assess the best structure based on your specific situation.
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Sample Language

I use template language like this for influencer contract demand letters:

Non-Payment Demand Letter
[Your Name / Business Name] [Your Address] [City, State ZIP] [Email] [Date] VIA CERTIFIED MAIL AND EMAIL [Brand/Agency Name] [Address] [City, State ZIP] Re: Demand for Payment - Influencer Services Agreement Campaign: [Campaign Name] Contract Date: [Date] Amount Due: $[Amount] Dear [Brand Contact]: DEMAND FOR PAYMENT I am writing regarding the above-referenced Influencer Services Agreement dated [Date] for [Campaign Name]. Despite full performance of my contractual obligations, payment of $[Amount] remains outstanding [X] days past the due date. SERVICES RENDERED Pursuant to our agreement, I delivered the following content: - [Number] Instagram posts on [Dates] - [Number] Instagram Stories on [Dates] - [Number] TikTok videos on [Dates] - [Any additional deliverables] All content was delivered on or before the agreed deadlines, met all creative specifications, and received [brand approval/no revision requests]. Screenshots and analytics reports confirming delivery and performance are available upon request. BREACH OF CONTRACT Your failure to remit payment within [payment terms, e.g., "Net 30"] of invoice constitutes breach of our written agreement. Under California law, I am entitled to: 1. Full contract amount: $[Amount] 2. Prejudgment interest at 10% per annum 3. Attorney's fees and costs incurred in collection 4. Any additional damages resulting from the breach DEMAND I demand payment of $[Amount] within ten (10) business days of this letter. If payment is not received, I will pursue all available legal remedies including filing suit in California [Small Claims Court/Superior Court], reporting to the FTC, and publicizing this matter within industry channels. Additionally, upon expiration of the license period [Date], all rights to the content revert to me. Any continued use of my content past [Date] without payment and license renewal will constitute copyright infringement subject to statutory damages under 17 USC 504. Sincerely, [Your Name] cc: [Attorney, if retained]
Unauthorized Usage Demand
[Your Name] [Your Address] [Date] VIA CERTIFIED MAIL [Brand Name] [Address] Re: Unauthorized Use of Copyrighted Content - CEASE AND DESIST Original Campaign: [Campaign Name] License Expiration: [Date] Unauthorized Use Discovered: [Date] Dear [Brand Contact]: NOTICE OF COPYRIGHT INFRINGEMENT I am the creator and copyright owner of content originally licensed to you under our agreement dated [Date]. That license: - Expired on [Expiration Date] - Was limited to [specific platforms, e.g., "brand's Instagram and Facebook only"] - Did not include [paid advertising/TV/website/other unlicensed uses] UNAUTHORIZED USE DISCOVERED On [Discovery Date], I discovered my content being used in the following unauthorized manner: 1. [Description of unauthorized use - e.g., "Paid Instagram advertisements running since [Date]"] 2. [Platform or medium not covered by license] 3. [Use past expiration date] [Attach screenshots as evidence] LEGAL VIOLATIONS This unauthorized use constitutes: 1. Copyright infringement (17 USC 501) 2. Breach of our licensing agreement 3. Unjust enrichment DAMAGES Under 17 USC 504, I am entitled to: - Actual damages (fair market licensing fee for unauthorized period) - Any profits you derived from the unauthorized use - OR statutory damages of $750-$150,000 per infringed work My licensing rate for paid advertising usage is $[Rate] per month. You have engaged in unauthorized advertising use for [X] months, totaling $[Amount] in additional licensing fees owed. DEMAND I demand that you: 1. IMMEDIATELY cease all use of my content 2. Remove all instances from [platforms/channels] within 48 hours 3. Pay $[Amount] for unauthorized usage to date 4. Provide an accounting of all uses and advertising spend Failure to comply within ten (10) days will result in federal copyright litigation and a demand for maximum statutory damages plus attorney's fees. Sincerely, [Your Name]
Scope Creep / Additional Deliverables Demand
[Your Name] [Your Address] [Date] [Brand/Agency Name] [Address] Re: Payment for Additional Deliverables Beyond Contract Scope Original Contract: [Date] Original Scope: [Brief description] Additional Work Requested: [List] Dear [Contact]: DEMAND FOR ADDITIONAL COMPENSATION I am writing regarding additional work requested and performed outside the scope of our original agreement dated [Date]. ORIGINAL CONTRACT SCOPE Our agreement specified the following deliverables for $[Original Amount]: - [Deliverable 1] - [Deliverable 2] - [Deliverable 3] ADDITIONAL WORK PERFORMED At your request, I additionally created: - [Additional Deliverable 1] - requested on [Date] via [email/call] - [Additional Deliverable 2] - requested on [Date] via [email/call] - [X] rounds of revisions beyond the [contracted number] These requests were made by [Name] on [Dates] and are documented in our email correspondence. Under California law and industry standard practice, work performed beyond the contracted scope creates an implied contract for additional compensation at reasonable rates. ADDITIONAL COMPENSATION DUE Based on my standard rates and industry norms: - [Additional Deliverable 1]: $[Amount] - [Additional Deliverable 2]: $[Amount] - Additional revisions ([X] at $[Rate] each): $[Amount] - TOTAL ADDITIONAL COMPENSATION: $[Amount] DEMAND I demand payment of $[Amount] for additional work within fifteen (15) days. This is in addition to the $[Original Amount] due under the original contract [if unpaid]. Continued failure to pay for work performed in good faith will result in legal action and may impact your brand's reputation within the creator community. Sincerely, [Your Name]
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Next Steps

When dealing with an influencer contract dispute, I recommend these steps:

1. Document Everything ▾

Preserve all evidence immediately:

  • Save all emails, DMs, and communications
  • Screenshot all delivered content with timestamps
  • Download analytics and engagement reports
  • Screenshot any unauthorized usage
  • Keep copies of contracts, briefs, and invoices
2. Review Your Contract ▾

Carefully examine all contract terms:

  • Payment terms and due dates
  • License scope (platforms, duration, exclusivity)
  • Kill fee provisions
  • Dispute resolution clauses (arbitration, jurisdiction)
  • Work-for-hire vs. licensing language
3. Send Formal Demand ▾

A professional demand letter accomplishes several goals:

  • Creates written record of your claim
  • Starts the clock for legal action
  • Often prompts settlement without litigation
  • Required before CLRA lawsuit if applicable
4. Consider Regulatory Complaints ▾

Depending on the situation, file complaints with:

  • Labor Commissioner: Talent Agencies Act violations
  • FTC: Deceptive business practices
  • BBB: Consumer complaints (less effective but public)
  • Industry blacklists: Some creator communities maintain lists
5. Pursue Legal Action ▾

If demand fails, legal options include:

  • Small Claims Court: Up to $12,500 in California (no attorney needed)
  • Superior Court: Larger claims with full remedies
  • Federal Court: Copyright claims
  • Arbitration: If required by contract
Time Is Critical: Usage rights may be expiring, evidence may disappear, and statutes of limitations apply. I recommend acting quickly when brands breach influencer contracts.

Brand Not Paying You?

I personally draft and send demand letters for California content creators. Get what you earned.

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