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The rise of social media has created a new breed of marketing professionals: influencers. These individuals wield considerable sway over their followers, making them attractive partners for businesses. Though, engaging influencers involves navigating complex legal and financial considerations, including employment status, social security obligations, and the Künstlersozialkasse (KSK). Understanding these aspects is crucial for both influencers and the companies that hire them.
The influencer as a Marketing Strategy
Influencers are individuals who regularly publish videos, texts, images, or podcasts on social media or their blogs, covering specific topics and building a considerable audience. Their influence stems from their ability to affect their followers’ purchasing decisions. Consequently, companies are keen to have popular influencers feature, present, or endorse their products in videos or other content. Another option is to place advertisements within the influencer’s content.
Did You Know? Influencer marketing is projected to reach $22.2 billion in 2024, showcasing its growing importance in the marketing landscape [1].
Self-employed or Employee? Determining Influencer Status
The employment status of an influencer-whether self-employed or an employee-is not always clear-cut. A dependent employment relationship may exist, especially with only one or a few clients. The determination hinges on the specific circumstances of each case. Factors suggesting dependent employment include:
- Being subject to instructions regarding the time and location (platform) of the service.
- Integration into the client’s business operations.
- Lack of entrepreneurial risk.
Influencers classified as employees are subject to social security contributions like any other employee. Though,even self-employed influencers may face mandatory insurance obligations,frequently enough through the Künstlersozialkasse (KSK).
While the common definition of “art” might not immediately apply to all influencer activities, the Künstlersozialversicherungsgesetz (KSVG) defines the term more broadly. The KSK explicitly considers advertising photos, videos, texts, and similar works as art within the realm of advertising and public relations. This stance is supported by legal precedents, such as the BSG ruling of May 12, 2005 (B 3 KR 39/04 R), which established that photographers and others who contribute significantly and independently to the success of an advertising project are considered artists under the KSVG. The KSK applies these principles analogously to influencer marketing.
The Künstlersozialabgabe, or artist social security
