In this episode of the Contract Playbook Podcast, Casey Handy-Smith dives into the top red flags in influencer brand deals that AI can catch instantly. As AI continues to revolutionize contract review, Casey highlights the most common legal traps in brand deals and explains how AI can help you spot and fix them quickly.
Timestamps:
- 00:00 - Introduction to the Contract Playbook Podcast
Casey introduces the episode’s focus: common contract red flags that AI can catch instantly, expanding on previous discussions of AI in contract negotiations. - 00:19 - Overview of AI in Contract Review
How AI-driven contract playbooks are revolutionizing contract review, saving time and ensuring more accurate brand deals. - 00:33 - Common Red Flags in Influencer Brand Deals
Casey explains the common red flags that creators and talent managers encounter when reviewing brand contracts, and why they need to be cautious. - 02:12 - Red Flag 1: Payment Terms Beyond Net 30
Brands pushing for payment terms beyond net 30, and why creators should push back on terms that extend beyond this standard. - 03:23 - Red Flag 2: Lack of Protection for Services Rendered
The importance of ensuring payment for services already rendered in case of early termination of a contract. - 04:22 - Red Flag 3: No Late Payment Protection
Contracts lacking penalties for late payments, and why it’s important to include protections for timely payments. - 05:08 - Red Flag 4: Broad Content Revision Clauses
The dangers of broad content revision clauses that could lead to endless revisions without additional compensation. - 06:48 - Red Flag 5: Work for Hire Language
Why “work for hire” clauses, which give brands full ownership of content, should be avoided by creators. - 08:29 - Red Flag 6: Usage Rights in Perpetuity
The risks of brands requesting usage rights in perpetuity, and why it’s important to limit the scope and timeline of usage. - 09:32 - Red Flag 7: Broad Exclusivity Terms
The dangers of exclusivity clauses that are too broad, preventing creators from working with other brands in their niche. - 10:35 - Red Flag 8: Broad Media and Image Use Terms
The importance of clearly defining media and image use terms to prevent brands from overstepping or using your image in ways not agreed upon. - 12:29 - Red Flag 9: No Compensation for Whitelisting
The importance of ensuring compensation for whitelisting (running ads with your content), as brands should pay for that additional use. - 13:07 - Red Flag 10: One-Sided Boilerplate Provisions
The dangers of boilerplate clauses that place excessive responsibility or legal costs on the creator, and how to negotiate these terms. - 14:48 - How AI Can Help Spot and Fix Red Flags
How AI tools can instantly identify these red flags and make the necessary changes to protect creators in contracts. - 18:02 - Combining AI with Human Expertise
The importance of pairing AI contract review with human expertise for the most effective contract management process. - 20:20 - Conclusion and Final Thoughts
Casey wraps up by reiterating the importance of using AI to spot red flags early and improve contract negotiations.
Key Takeaways:
- Spot Red Flags Instantly: AI tools can instantly flag common red flags in contracts, such as late payment terms, unclear revisions, and broad exclusivity clauses.
- AI Saves Time: AI doesn’t just spot issues—it also suggests edits to fix them, saving you hours of legal review time.
- Human Expertise Complements AI: While AI tools do the heavy lifting, human expertise is still essential for handling more complex issues and refining contract terms.
- AI Improves Negotiations: With AI flagging red flags and suggesting changes, you can enter negotiations with more confidence and a clearer strategy.
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