Running a business on Instagram? It’s important to meet your legal obligations and ensure you’re protecting your business. Our lawyers can assist you with your legal needs, from contracts to intellectual property protection and privacy. Get in touch today!
Starting a business on Instagram isn't as simple as making an account and posting. There's lots to consider, such as how to protect users' personal information in line with privacy laws, and what information you are legally required to disclose when advertising on Instagram.
If you're working with ambassadors, it's best to set out the details of your arrangement in a Brand Ambassador Agreement.
Further, you need to comply with the Australian Consumer Law, which is designed to protect consumers from unfair business practices. Put simply, you should not mislead or deceive online users about what your business provides.
It's best to chat to an expert lawyer who can advise you on the regulations that apply to you and guide you through your options.
In Australia, copyright protection applies automatically to original works. So, generally speaking, when you upload something to Instagram, that work is legally yours.
However, it also means that you grant a licence to Instagram, so they can use your content in certain ways.
According to Instagram's terms of use, this means they can transfer your rights over your content to a third party without your permission.
If you're looking to protect your IP on Instagram, it's wise to consider registering a trade mark. This provides you with extra legal protection and prevents other parties from using your creative works, as they will be exclusively yours.
The Australian Association of National Advertisers (AANA) have set out a Code of Ethics that applies to online advertising, specifically influencer advertising.
The Code is designed to protect online users from falling victim to any deceiving online advertising and unfair business practices (similar to the Australian Consumer Law).
For instance, if you're an influencer with an Instagram business, the Code requires you to disclose whether your post is an ad or a sponsored post.
