The creator economy — a space where individuals, often called influencers, create content online and collaborate with brands — is facing new legal challenges, as discussed in a recent episode of the podcast Follow Back, produced by Swello in partnership with BDM. Alexandre Bigot-Joly, an associate lawyer and co-founder of the firm Influxio, highlights how the legal landscape is changing rapidly, with new rules requiring influencers to be transparent about their partnerships and new risks arising from the use of generative artificial intelligence. The podcast, hosted by Jonathan Noble, CEO and co-founder of Swello, covers topics such as brand communication strategies, social media trends, and the evolving relationship between creators and companies. Bigot-Joly, who specializes in music law and has practiced in Paris and Brussels for over a decade, notes that the legal environment for creators has changed dramatically since he founded his firm in 2020. At that time, brands were increasing their budgets for influencer collaborations, but this growth also led to more conflicts. Many generalist lawyers were unprepared to handle these cases, which led to the rise of specialized legal firms like Influxio. A major development in this area is the June 9, 2023 law in France, making it the first European country to adopt a specific legal framework for commercial influence. The law, No. 2023-451, defines the roles of influencers and their agents and requires them to disclose any retouched or filtered images used in advertising. It also bans the promotion of certain products, such as surgery, cryptocurrencies, and nicotine pouches. Influencers based outside the European Union, particularly in Dubai, are now required to have professional civil liability insurance in the EU. Failure to comply can lead to prison sentences of up to two years and fines of up to 300,000 euros. The law does not consider the size of an influencer’s audience but focuses on whether they receive a financial benefit or other compensation in exchange for promoting a product or service. If they receive a gift, payment, or an invitation, they must clearly label it as an advertisement or commercial collaboration. One exception is User Generated Content (UGC), where brands buy the rights to a video they then publish themselves, which is not subject to the influencer law. This transparency rule also applies in business-to-business (B2B) settings, including on platforms like LinkedIn. Since the law was enacted, the DGCCRF, France’s consumer protection authority, has increased its checks and has summoned some creators for free legal hearings. The most feared penalty, though not the most expensive, is the "name and shame" approach, where the influencer is required to publish a black post on their account, written by the DGCCRF, detailing the violation. To help creators avoid this, the ARPP, a regulatory body for advertising, has introduced the Responsible Influencer Certificate, a paid online training program that requires an exam. Major companies like L'Oréal and the SEB group now require this certificate for potential collaborators. Bigot-Joly also discusses the legal challenges posed by generative AI, pointing out two main issues: the unclear usage conditions of AI platforms and the fact that AI models are often trained on existing works without tracking the rights. He warns that if an AI is asked to create a colorful logo for a pen brand, the design might be strongly influenced by an existing work that the user is unaware of. Under French law, only a natural person can be considered the original author of a work, not a company, a machine, or an algorithm. Legal disputes involving AI have already emerged in other countries, such as Germany, where an AI-generated version of singer Angèle’s voice was used to reinterpret a rap track, sparking questions about copyright and personality rights. Another concern involves Fake Out of Home (FOOH) campaigns, which use ultra-realistic 3D videos to project large objects onto buildings. These campaigns must respect the rights of the architects, who hold moral rights over their designs. While the Eiffel Tower is in the public domain, newer buildings, especially in areas like La Défense, are more likely to have strict copyright protections. When asked about the role of generative AI in the creator economy, Bigot-Joly describes it as "A magnificent legal nightmare."