Take a brand deal as a creator
Advertising standards reach you personally, and the brand's terms usually take the copyright in what you made.
What reaches you, and in what order
Consumer Protection Act 1999
Act 599Misleading conduct and false representation reach an endorsement. Saying you use something you do not is inside this Act, not just inside a platform policy.
Content Code
Industry codeThe advertising parts of the Content Code apply to this work, and under s.98(2) of the Communications and Multimedia Act compliance with the registered Code is a defence to any prosecution or proceeding about a matter the Code covers. Check first whether you are a person subject to the Code; the defence is expressed to run only to those who are." ---
Copyright Act 1987
Act 332Who owns the content you made. The brand's standard terms usually take it outright, when a licence limited by term, territory and media would do.
Contracts Act 1950
Act 136Usage period, exclusivity, approvals, kill fee and whitelisting. Category exclusivity that runs only for the campaign term is ordinarily enforceable; it is the tail after the campaign ends that s.28 of the Contracts Act attacks, so price the tail or cut it.
Communications and Multimedia Act 1998
Act 588What you post in the campaign is still inside s.233.
Online Safety Act 2025
Act 866Platform duties mean a campaign can be removed without anyone charging anyone.
Trademarks Act 2019
Act 815Your handle and your name as marks, and their marks in your content.
Personal Data Protection Act 2010
Act 709Filming the room means processing other people's personal data. Since 1 June 2025 you must notify the Commissioner of a personal data breach as soon as practicable and no later than 72 hours after it happens, and then tell the affected people within 7 days of notifying the Commissioner where the breach causes or is likely to cause them significant harm. Note the trigger: the 72 hours runs from the breach happening, not from you finding out about it, and if you miss it you have to give the Commissioner a written explanation with supporting evidence. There is no size threshold on that duty. The data protection officer duty is different: it only bites if you process the personal data of 20,000 or more people, the sensitive personal data of 10,000 or more, or your core activity is regular and systematic monitoring. Almost no individual artist will reach that.
Gig Workers Act 2025
Act 872** `If you are shooting stills or video, the Gig Workers Act 2025 names photographers and videographers in its Schedule. That makes the brand the one on the hook, so the protections apply to you directly. No agency or platform needs to be involved.
Income Tax Act 1967
Act 53Payment in kind is still income. Gifted product has a value.
Read the intellectual property clause before the fee. A perpetual worldwide assignment for a one-month campaign is the standard opening position and it is negotiable.
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