The CGA Rider is a legal document created by the Creators Guild of America (CGA) that aims to protect creators and streamline deals. It is described as a simple two-page add-on to a contract that spells out extra protections and expectations. The primary objective of the CGA Rider is to safeguard creators' rights by ensuring fair and ethical practices in their collaborations with brands and agencies. It aims to level the playing field in contract negotiations. The Rider is meant to be non-negotiable to ensure consistency and fairness. Brands and agencies should attach it as an addendum to the main contract, with a clause stating that the Rider's terms take precedence in case of conflict.
According to the Creators Guild of America’s website, the CGA Rider provides key protections and benefits for creators, including guaranteed timely payment from brands and agencies. It ensures creators retain ownership of their content and control over their name, image, likeness, and limitations on the use of AI. The Rider also mandates that creators receive credit for their work. Furthermore, it grants creators access to relevant brand analytics. Finally, it offers fundamental protections such as indemnities, clear termination rights, and fair dispute resolution, establishing a partnership rather than a vendor relationship.
Why not a Rider in the EU?
This is a welcomed step towards a more consistent and fair environment for influencer marketing partnerships. It is also in the continuation of the clear shift we have been witnessing towards the recognition of the influencer work status the professionalization of the whole industry. The CGA Rider is exclusively available to members of the CGA and is designed for use in the United States only. This makes one reflect on why we do not have similar tools on a EU level?
Benefits
Many creators, especially those who are just starting their careers, often find themselves without legal or talent representation, which can lead to feeling pressured into signing agreements that aren't formulated with their best interests in mind. Introducing guidelines or a predefined rider represents a vital step in empowering these creators. This approach not only supports the development of a fairer creator economy but also contributes to establishing "Creator" as a recognized and sustainable career path. Brands and agencies adopting this rider would show a commitment to ethical and transparent partnerships, boosting their reputation within the creator community.
Given the warm welcome such systems have received in the United States, it seems likely that a similar approach would be appreciated in the EU as well.
The main goal is to protect creators' rights by ensuring fair and ethical practices in their collaborations with brands and agencies. A similar rider to the one developed in the United States could level the playing field in contract negotiations by introducing certain sections as non-negotiable, consistency and fairness. The rider could e.g. introduce the following:
- Definition of payment terms and what kind of delays are acceptable or not in order to guarantee timely payment from brands and agencies;
- Definition of content ownership, image rights, use of AI models and more;
- Compensation for exclusivity/non-compete clauses;
- A requirement that creators receive credit for their work;
- Access for creators to relevant brand analytics;
- Fundamental protections such as indemnities, clear termination rights, and fair dispute resolution, fostering a true partnership rather than a simple vendor relationship.
Knowledge Hub
Rolling out such a system in the EU poses challenges due to the lack of a single, harmonized legal framework; each country has its own regulations. While a single rider might not be feasible, a first version could consist of clear guidelines or a few standard sections to be attached to relevant agreements. I think that we can all agree that it can be hard to find country-specific info when you are expanding, and having this knowledge page would be an important step towards better information, better collaboration, and ultimately more compliance within the EU. Creating a knowledge hub with different country-specific riders could also be immensely beneficial. These riders could be provided by national advertisement authorities or similar bodies, outlining what should be included based on the brand's and influencer’s respective countries.
The beauty of the EU is its support for free movement and trade, which is reflected in influencer partnerships becoming increasingly multi-market. While this is a positive development, it also brings about complexities, as rules and regulations can vary by country. What should or shouldn’t be included in agreements can be difficult to pin down because requirements are often country-based.
At present, there are EU pages dedicated to influencer certifications, intellectual property (IP), and influencer advertising on social media. This indicates that creating a centralized knowledge hub would be a logical extension of existing resources. Ideally, all this information should be consolidated into a single page for easy access. I believe that the European Commission’s Influencer Legal Hub is a promising first step and has the potential to be expanded and improved to encompass even more comprehensive information.
Many EU countries focus on certifications and legislation aimed at protecting consumers and ensuring social media compliance. While these measures are important, they often center more on protecting the consumer. It's crucial to not only define who is responsible for what but also to focus on market-internal regulation that offers tools to protect influencers themselves.
Despite the complexities, everyone stands to benefit from sharing country-specific knowledge and reaching consensus on certain standard sections.
