Today’s post has been contributed by John Bui, who is the Principal Solicitor of JB Solicitors. The firm primarily deals with matters falling under family law, criminal law, property law, and commercial law. John is a nationally accredited family law mediator and arbitrator.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Different countries may follow different legislation on divorces and their family law structures may vary. For example, Australia follows a no-fault divorce system, whereas the US follows a fault-based divorce system.

What is the difference between the two? Essentially, in a no-fault divorce system, there is no need for a party to prove that the other party has done something wrong which has led to the breakdown of their relationship.

There could be many reasons for no-fault divorce systems, such as:

1. Irretrievable breakdown of the marriage;
2. Living away from each other for extended periods of time;
3. Irreconcilable differences (as is the case in Australia), or
4. Incompatibility.

On the other hand, in fault-based divorces, a party will generally request for a divorce from the other party because of some fault committed by the latter party. These faults, often termed as matrimonial offences, can include various things such as:

1. Substance abuse;
2. Adultery;
3. If one partner has been incarcerated;
4. Abandonment for a period of time (minimum period of time to file for divorce may differ from state to state);
5. Emotional, physical or psychological abuse;
6. Impotence;
7. Cruel treatment;
8. Inability to have physical relations;
9. Infections caused by Sexually Transmitted Diseases (STDs)

Notably, in case of fault divorces, a spouse may object to the divorce if he or she wishes to. In this case, typically the spouse who is objecting to the divorce will need to present a defence to object to the fault.

Fault-based divorce systems can get more complicated especially considering the grounds of divorce. In such cases, proving incompatibility or irretrievable breakdown of marriage will not be sufficient.

The party who has filed for divorce must prove the other party’s misconduct. For example, in case the party filed for divorce on the basis of cruel treatment, the party needs to provide evidence that the cruel treatment was harmful to their mental and/or physical health.

Defences in fault-based divorce

As mentioned above, in such a divorce system, parties can object to the divorce by presenting defence. There are different kinds of defences based on the different grounds for divorce, such as:

• Collusion – an agreement between two spouses to fabricate grounds of divorce for some specific purpose;
• Connivance – in cases of adultery, alleging that the party filing for divorce was complicit in act of adultery
• Recrimination – if both parties are at fault for similar conduct such as if both parties have had extramarital affairs
• Provocation – if a party’s misconduct caused the other party to act in a certain way, for example if the other party abandoned the party filing for divorce due to provocation
• Condonation – a claim stating that the party filing for divorce was aware about the misconduct and had forgiven that conduct

Conclusion

As we’ve explored in this article, different countries follow different legislation with regards to divorce. Divorce is an emotionally challenging event. Legal procedures often become complicated and are extremely time-consuming.

Especially in fault-based divorces, the anxiety around legal steps in finalising the divorce remains high. Moreover, issues on alimony, property settlement and child custody will also arise.

When filing for divorce, it is imperative to stay strong and be aware of all legal technicalities that will arise. Failure to do so may lead to parties incurring huge losses and they may often find themselves caught up in court battles.

Understanding the laws that apply to your jurisdiction is very important. The primary way to do so is to engage with as many legal blogs as possible.

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In this article, we get to understand, the three considerations that one should give a thought to while entering into a contract with a Social Media Influencer. Today’s post has been contributed by Nadia Bubennikova, who is the Head of influencer marketing agency at BuzzGuru who helps brands, game and app developers to reach their target audience and bring the highest ROI from their influencer marketing campaigns.

There has been a paradigm shift in the way, the brands target their desired audiences. With the increasing influence of social media influencers on their followers, brands are considering to approach Social media influencers to promote their products and services. It becomes important to know some basic ground rules before engaging an influencer. So what are those considerations?

Nadia Bubnnikova-

Here are our three things to consider:

Draft Approval Procedure:
The first clause to check when signing a contract with an Influencer is the draft approval procedure. Sometimes the advertising materials that the influencers produce do not meet our expectations regardless of how detailed the task assignment was, so it is in our best interest to make sure that the contract includes some regulations for such cases.

The best practice is to include the link to the task assignment for the integration into the agreement and clearly state that the advertising materials must be filmed according to the Task Assignment and you have 2 to 3 rounds of edits in case the influencer misses something out.

This way you will be protected from having to pay for an integration that is below your standards. Another useful point to include is the timing for the adjustment of the materials after you’ve provided feedback requesting some edits from the creator. Otherwise it may take weeks and you will go far behind schedule.

Services Description:
When entering an agreement with an influencer for a paid collaboration, you should state explicitly what is it, that you need from the creator. You should always describe the ad format, the length of the promo part, and other actions that might be a part of the services the influencer is to provide. For example, after the deal is closed and the service is provided it would be very useful to get full statistics on the publication.

After receiving the payment Influencer tend to avoid other extra actions and are very unlikely to share the stats, so our advice is to put all such details in the description of services. If something is missed out you won’t be paying for it.

Payment Procedure:
Make sure that the agreement is built around the post payment model, especially if it is your first time working with a specific influencer or their representative. This allows you to hedge all the possible risks.

Of course, some influencers and agencies insist on down payment as a deal confirmation, but it is crucial to avoid the 100% down payment. In case you are interested in a specific influencer and they do not agree to work on a post payment model in any way, try 20-30-50% down payment after you have received a draft of advertising materials from the service provider.

This way the influencer will already do some work as a proof for you and you will be able to send the down payment of 20-30-50% without any risk.

Richard Brandenstein-

Richard J. Brandenstein is a New York-based attorney, and FBR Law Partner, specializing in Administrative Law. The areas he specifically focuses on include New York State Disability and New York State Workers’ Compensation. With over 40 years of experience as an attorney, he also trains new legal staff in his company too. 

As a business, what three main considerations should be, while entering into an agreement with a Social Media influencer for product endorsement?

Here are the three things that should be considered before a brand or company decides to work with a social media influencer:

Analytics:

Influencers’ analytics are important to consider. This is because it will give you a better understanding of their audience in terms of their age, gender, and location. This will then allow you to determine whether they are suitable for your brand and whether their audience is likely going to purchase your products or use your services.

Engagement:

Engagement is another significant factor to consider. While a person may have millions of followers, this doesn’t mean that all of their followers are actively engaging with their content. As a result, you may find it more beneficial to choose a smaller influencer to work with in comparison to a larger one if it means that their followers engage with the content more. 

Compatibility:

The compatibility of the influencer and your brand is essential and something you should take into careful consideration. The influencer should be a good fit for the brand and be able to portray what you’re asking of them.

Interesting Read:  How NFTs get their value?

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In the last couple of years, interest in NFTs has exploded.  Every day multiple NFT projects are being launched, and prospective NFT buyers are hoping theirs is the one to “go to the moon.”  There are several factors that can make an NFT valuable, although none of these alone can guarantee that an NFT will become the next Cryptopunk.

Content and Identity of the Artist – NFT value is initially dictated by its quality and look.  Like with any piece of art, it’s the first thing people see.  A related and important factor is the identity of the artist, which plays a key role in dictating value.  NFTs including art created by well-known artists, like Banksy for example, are immediately valued much higher than those of an unknown artist. 

Hype and Endorsements – the success and initial value of an NFT project is dictated by the hype generated leading up to the initial NFT sale.  Many celebrities are associating themselves and promoting NFT projects, with one of the latest celebrities being Snoop Dogg.  These endorsements add appeal, as well as credibility.

Exclusivity/Rarity – NFT creators decide how many NFTs to mint.  The law of supply and demand is very applicable here.  A one of a kind NFT is generally more valuable than 1,000 editions of the same image or media.  Even with projects that create thousands of NFTs with the same theme (e.g. Bored Apes, CryptoKitties), value is dictated by the rarity among the characteristics of each particular NFT.  For example, only a small percentage of Bored Apes were minted with gold fur.  Thus, those are seen as more exclusive and valuable than those with the more common gray fur.

Community and Brand – NFTs can gain value over time by building a reputable brand and supportive community.  The Bored Ape Yacht Club is a prime example.  Bored Apes initially sold for less than $200 and now regularly trade for six-figures.  In addition to the initial hype surrounding the project (10,000 NFTs sold out in just hours), the Bored Ape community has been able to curate their brand such that they are one of the most well-known NFT projects in the space.  Many celebrities, including Eminem, Jimmy Fallon, and Mark Cuban have bought Bored Apes, further adding to the value of the brand.  

Early & Original Collections – Over the last year or so, we’ve seen the value of early NFT projects explode.  Larva Labs’ Cryptopunks was one of the first NFT projects on Ethereum, and they are some of the most valuable NFTs today.  There is something to be said for being a holder of an early NFT work.  Just as original and historical artwork has more value in the real world, more “original and historical” NFT collections are seen as more valuable.

Rewards/Access Given –  Some NFTs will entitle their holders to special privileges, rewards, or royalties.  These NFTs are inherently considered to be valuable because there are direct benefits that holders can benefit from and can even be seen as investment products.

The way NFT’s get their value is due to them being a “piece” of the blockchain that hosts it. So for example, an NFT hosted on the Ethereum blockchain is interpreted by the network as several “blocks” that make up that NFT and who the owner is. However, NFT’s also benefit from their aesthetics and utility in either the real world or in the metaverse. Some NFT’s allow you to play games and earn, such as Axie Infinity or Nest Arcade. Others provide just aesthetic value, similar to collecting a piece of art, except you hold it “virtually”.

What causes a particular NFT to be more valuable than another depends on various factors, some which are intangible like social media hype. Some NFT’s carry their value from hype alone, even when the project is still under development and promises no guarantee on your ROI. So it’s always important to do your own research and understand the fundamentals, white paper and roadmap of any NFT project that you decide to invest on. After, you can dig into their social networks to gain a better perspective on how hyped the project is and if it’s trending.

Interesting Read: Expert Corner: Key areas while drafting an Artist Agreement

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Lauren Blair on Key areas of an Artist Agreement

When drafting a written agreement between an artist and a producer for the artist’s services for a film, key areas include Ownership and Use of Work.

It’s important for the artist to understand if the contract is for a work for hire. If so, then he or she will have no ownership rights to the work. The artist will have fully and permanently assigned all rights in the work to the producer in exchange for the agreed-upon payment. As such, the artist has no right to receive any royalties from any film sales or any derivative works derived therefrom.

The Ownership section typically makes clear that the artist has no authority over, or approval of, any changes made to the work. The artist also will be required to relinquish any and all rights to derivative works based on the original work.

If the producer is not contracting with the artist to work for hire, but instead using existing art in the film, then the artist should make clear that he or she is not permanently relinquishing rights in the works, but only giving a temporary and limited license. The license would approve the use of the work in the film but not allow the license to be freely used or assigned to other entities. 

In terms of the Use of Work, artists typically have no control over the work, how it’s used, or even if it will be used in a film. Contract provisions concerning Use of Work generally give the producer the sole discretion to use or not use the work or services provided by the artist. In fact, there’s no guarantee that the film will be completed or distributed.

Company: FreeAdvice.com

LinkedIn: Access here

Arnold from “Spells and Curses” on Key areas of an Artist Agreement

As a recording artist and film composer myself, I have first-hand experience regarding what points are necessary to address when drafting an Artist Agreement between the producer and an artist for a film. These are the three main points to specify:

Payment and terms: This specifically refers to what the pay will be and what/how much music is required from the artists in order to receive said payment. This is important for both parties in that it allows the artist to decide if the pay is worth their efforts (in addition to other factors).

Deadline: Having a clear understanding about due dates are important for the artist to know how much time they’ll need to invest in the project, especially if they are balancing other projects as well. This will also accommodate the producer by making a clear and set finish line for the artist.

Point of communication: A lot of times, film production can get chaotic. It is important to specify who the point of communication will be just. Is it the producer? Director? Music director? Etc. Specifying this lets the artist know who they can reach out to for any questions as well as a point of reference about anything regarding the project, or even their own progress.

Website: Access here

Sample Artist Agreements by the DocPro

Artist Agreements could be of three natures. These are as following:

1. Neutrally Drafted
2. Drafted in the favour of Artist
3. Drafted in the favour of Customer hiring an artist

The samples of each of the above could be accessed here.

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