Are Talent Agencies in India Exploiting Creators? Understanding Creator Rights and Agency Contracts

India’s creator economy is expanding rapidly, creating new opportunities for influencers, digital artists, gaming personalities, and content entrepreneurs. Talent management agencies have become important players in this ecosystem, helping creators secure brand partnerships, negotiate commercial agreements, and manage their professional commitments. However, as the industry matures, concerns about transparency, contractual restrictions, and creative independence are becoming increasingly important.

The central question is whether some agency arrangements give creators the responsibilities and restrictions associated with employment without providing the security or protections typically associated with it.

The Growing Power of Talent Management Agencies

For many creators, partnering with a talent agency is a practical way to grow a career. Agencies can introduce them to brands, negotiate fees, coordinate campaigns, and handle administrative tasks that would otherwise consume valuable time.

However, the relationship becomes complicated when creators have limited visibility into the commercial arrangements negotiated on their behalf. If an agency controls brand communications, payment information, and contract terms, creators may find it difficult to assess whether their earnings accurately reflect the value of their work.

An incident involving creator Pujarini Pradhan highlighted these concerns. According to statements reported in the media, she questioned a discrepancy between the amount she received for two brand videos and the larger amount allegedly paid by the brand to her agency. She subsequently left the agency.

A separate dispute involving gaming creator Kaashvi Hiranandani and 8Bit Creatives also brought questions about brand-deal payments into focus. Hiranandani alleged that certain deals had been reported at lower values than the amounts agreed with brands. The agency's founder disputed the allegations, describing them as false and misleading. These claims should be understood as allegations rather than established findings.

Such cases demonstrate why creators need access to accurate payment records, clear commission structures, and reliable documentation for every commercial engagement.

When Does Representation Become Employment?

One of the most important issues in the creator economy is the distinction between independent professional representation and an employment-like relationship.

A talent agency may negotiate deals and coordinate campaigns without becoming an employer. The situation can be different when the agency exercises extensive control over a creator's working arrangements, availability, deliverables, or creative decisions.

Several factors can help determine the nature of the relationship, including:

  • Payment arrangements: Whether compensation is based on individual campaigns or includes a fixed recurring payment.

  • Working requirements: Whether creators must follow prescribed schedules, maintain constant availability, or meet ongoing production targets.

  • Creative independence: Whether creators retain meaningful control over their content, opinions, and professional identity.

  • Restrictions on outside work: Whether contractual terms prevent creators from pursuing independent opportunities.

  • Contractual obligations: Whether the agreement clearly defines responsibilities, decision-making authority, and termination rights.

No single factor automatically determines a creator's legal status. The agreement must be considered alongside the actual working relationship and the applicable law.

The objective should be to distinguish legitimate business management from excessive control. Agencies can support creators' commercial growth without dictating every aspect of their professional lives.

Exclusivity: A Business Opportunity or a Limitation?

Exclusive representation can benefit both parties. Agencies may invest time and resources in developing a creator's brand, establishing relationships with advertisers, and negotiating better commercial terms. Exclusivity can help protect that investment.

For creators, however, broad restrictions may limit their ability to earn income independently or work with other representatives. A contract that does not clearly define the scope of exclusivity can create uncertainty about which opportunities belong to the agency and which remain available to the creator.

Well-structured agreements should specify the duration of exclusivity, the categories of brands covered, the commission payable, and any exceptions for independently sourced work.

Creators should also review restrictions relating to competing brands, minimum deliverables, and post-termination obligations. An agreement should not impose unnecessarily broad limitations that prevent a creator from building a sustainable independent business.

Ultimately, exclusivity should serve a defined commercial purpose rather than become a mechanism for controlling a creator's entire professional career.

What Creator Management Disputes Reveal About Contracts

Disagreements between creators and their representatives can become especially complicated when existing brand deals, commissions, and contractual commitments overlap.

A dispute involving creator Prajakta Koli and OneDigital Entertainment reached the Bombay High Court in 2026 and was referred to arbitration. An interim arrangement required Koli to honour certain existing engagements entered into on her behalf, subject to the agency providing the relevant documents and revenue details. The arrangement also preserved her ability to accept independent engagements, while leaving the parties' substantive claims unresolved.

The matter illustrates the importance of clearly defining an agency's rights over existing campaigns, newly introduced clients, and independently secured opportunities.

Creators should understand what happens when a representation agreement ends. Contracts need to address pending payments, ongoing campaigns, commission entitlements, notice periods, and obligations to third parties. Without these provisions, even a professional relationship that begins positively can lead to costly disagreements.

Independent legal advice can help creators understand their rights before signing agreements or entering into long-term arrangements.

Who Owns the Content Created for Brands?

Content ownership is another important consideration in talent management agreements.

A creator may produce a video, photograph, or social media campaign for a specific purpose, but the brand may also seek permission to reuse that material in advertisements or across additional platforms. If these rights are not clearly defined, creators may unintentionally grant broader permissions than they intended.

Before signing a contract, creators should review:

  • Ownership of original content and intellectual property.

  • The platforms on which content can be published or reused.

  • The duration and geographical scope of usage rights.

  • Permission to edit, repurpose, or distribute content in paid campaigns.

  • Rights to raw footage and other production assets.

  • Payment for extended usage or additional commercial exploitation.

Contracts should also distinguish between ownership and licensing. A brand may receive permission to use content for a specified period without automatically acquiring permanent ownership of the underlying work. The precise legal position depends on the contract and applicable law.

Clear intellectual property provisions protect both creators and brands by reducing uncertainty about how content can be used after a campaign concludes.

Do Existing Labour Protections Cover Digital Creators?

The growing creator economy raises questions about how traditional employment rules and emerging forms of work apply to digital professionals.

Some creators operate independent businesses, earn income from several sources, and negotiate their own commercial arrangements. Others may work under restrictive agreements that limit their independence while leaving their income uncertain.

This diversity makes it difficult to apply one classification to every creator-agency relationship. Whether a person qualifies for particular employment or worker protections depends on the relevant legal framework, contractual terms, and actual circumstances.

The wider discussion highlights the need for greater clarity around professional status, contractual accountability, payment disputes, and access to appropriate remedies. Creators should not assume that a contract's label alone determines their legal rights.

As the industry evolves, businesses and policymakers will need to consider how existing legal principles apply to new forms of professional collaboration.

Why Transparency Is Essential for a Sustainable Creator Economy

Talent agencies can play a valuable role in helping creators build successful careers. They provide industry expertise, negotiate commercial opportunities, coordinate campaigns, and reduce administrative burdens. The problem is not professional representation itself, but the absence of clear boundaries and accountability.

A transparent agency relationship should include:

Clear commission structures: Creators should understand the agency's fees and how commissions are calculated.

Accurate financial records: Deal values, invoices, deductions, and payment schedules should be documented and accessible.

Fair contracts: Agreements should define responsibilities, exclusivity, intellectual property rights, and termination conditions.

Creative autonomy: Creators should retain appropriate control over their personal identity, opinions, and creative direction.

Accountability mechanisms: Contracts should provide reasonable ways to resolve disputes and verify payments, including audit rights where appropriate.

Freedom to move forward: Exit provisions should clearly address ongoing campaigns and financial obligations without creating unnecessary barriers to future work.

These measures can strengthen trust between agencies and creators while helping brands work with professionals who have a clearer understanding of their commercial commitments.

The Future of Creator-Audience and Agency Relationships

As digital content becomes a more established business sector, creators need more than visibility and brand partnerships. They also need financial clarity, professional independence, and contracts that reflect the realities of their work.

Industry publications such as TheCreatorsIndex play an important role in examining these developments, highlighting emerging challenges, and bringing conversations about creator rights, talent management, and business practices to a wider audience.

The future of talent management will depend on whether agencies can balance commercial interests with the independence of the people they represent. Strong relationships should be built on mutual trust, clearly defined responsibilities, and fair compensation—not on information gaps or restrictions that creators do not fully understand.

Professional representation should help creators build stronger businesses, expand their opportunities, and protect their long-term interests. The goal is not to classify every managed creator as an employee, but to ensure that the level of control exercised in a relationship is matched by appropriate contractual clarity and accountability.

A sustainable creator economy will emerge when agencies and creators can work together as transparent business partners, with both sides understanding their rights, responsibilities, and expectations.

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