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Understanding the “Gloves” in the World of Copyright and Image Rights

In the current digital landscape, digital influencers and creative industry professionals often come across technical terms that can seem complex. One such term is “gloves,” commonly found in advertising, sports, and entertainment contracts. But what exactly are gloves and why are they relevant to you? Let's dive into this topic!


What are Gloves?

“Gloves”, in the context of copyright and image rights, refer to an initial payment or bonus given to the artist or influencer upon signing a contract. This payment serves as an incentive to sign an agreement and is commonly in addition to regular salary or fees.


Why are Gloves Relevant for Influencers?

Digital influencers, as well as actors, musicians and athletes, often negotiate contracts that involve the use of their image or creations. Here, gloves can act as:

  1. Initial compensation: Before an advertising campaign begins or before content is delivered, gloves guarantee immediate compensation to the creator.
  2. Incentive for exclusive contracts: In deals where the brand wants exclusivity, gloves can be an additional motivator.

Legal Aspects to Consider

In Brazil, the practice of offering gloves is especially common in commercial leasing contracts, as compensation for the right to rent a property in a privileged location. This idea of ​​compensation has been incorporated into practice for various types of contracts, including advertising and brand endorsements.

However, in image rights contexts, it is vital to understand that gloves almost always come with adverse consequences due to possible non-compliance, which must be considered even before signing the contract. Therefore, some points are of fundamental importance:

  1. Clarity in the Contract: Any payment for gloves must be clearly stipulated in the contract. This avoids misunderstandings and ensures that both parties are aware of their obligations.
  2. Consequences of breach of contract: It is essential to establish what happens if one of the parties does not comply with the agreement. In some cases, gloves may need to be returned. It is important to receive qualified guidance to avoid complications due to very onerous clauses.

Conclusion

The digital world has brought countless opportunities for creatives and influencers. With these opportunities come responsibilities and the need to understand the nuances of contracts. “Gloves”, although not a new concept, are crucial in the modern world of image rights. When negotiating contracts, always seek expert advice to ensure your rights (and your earnings!) are protected.


Note: This article is for informational purposes only and should not be considered legal advice.

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With specialized operations in Intellectual Property, we provide a wide range of services ranging from the acquisition and maintenance of industrial property rights to their protection and defense in the event of infringement. 

Over the years, we have expanded our service spectrum and specialized in serving customers around the world, with the development of procedures and technologies aimed at a better customer experience. 

Our academic background and long administrative experience dealing with processes at INPI have qualified us to meet highly complex demands in the field of Intellectual Property, with strong experience in resolving judicial and extrajudicial impasses and in technical action in judicial expertise and technical assistance in matters of Intellectual property.

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