As a content creator, your brand is your livelihood. You work tirelessly to create engaging content, build your audience, and attract partnerships with brands. But amidst the creativity and hustle, there’s one critical aspect many content creators overlook— legal protection. Hiring a lawyer before you face legal issues is not just a smart move; it’s essential for building your brand, safeguarding your business, and ensuring long-term success. Here’s why:
Running a Successful Business Involves Navigating Legal Complexities
Content creators are business owners, and all business owners must navigate complex legal issues. From establishing strong contracts and intellectual property to managing legal compliance and taxes, business owners can proactively take steps to set them up for success. Smart business owners seek legal guidance early on to avoid making overwhelming and costly mistakes. Investing in legal counsel before an issue arises will ultimately save you time and money and will propel your brand into the future.
Why Content Creators Skip Out on Lawyers (And Why You Shouldn’t)
Lack of Awareness: Many content creators begin their journeys as a creative outlet, not fully realizing that they are, in fact, launching an online business where a single post can create, or destroy, the entire brand. The lack of awareness of the legal complexities involved in establishing a content creation business results in downplaying the importance of legal protections, like contracts, FTC compliance, and intellectual property rights. Content creators who take proactive steps to address these issues up front are often the most successful.
Cost Concerns: Content creators often perceive legal services as prohibitively expensive, instead choosing to invest in creative growth. However, legal issues are far more costly when they are addressed in the aftermath of an issue. Furthermore, certain legal issues can be so catastrophic as to destroy a brand. Lawyers have foresight into the common issues content creators face and can help content creators establish protections to evade certain issues before they arise.
DIY Overconfidence: Successful content creators are entrepreneurs who are masters at establishing their own paths. While there are obvious benefits to starting with a DIY approach, content creators can underestimate the complexities of legal work, opting for legal advice from individuals in Reddit threads and utilizing free “form” contracts in lieu of contracts drafted by a lawyer. But Redditers and free form contracts rarely provide realistic solutions to legal issues, especially with the complex nature of the issues that online business owners face. DIY legal solutions frequently lead to costly and catastrophic mistakes that a lawyer will inevitably have to undo.
Reactive Approach: Many content creators only seek legal help after a problem arises. This mentality is common to many small business owners, not just those involved in content creation. Proactively planning in advance of a legal issue ultimately helps businesses avoid legal pitfalls, saving time and money.
Underestimating Risks: Content creators often don’t know the types of legal issues that are commonly faced by others in creative, online professions. Content creators face a very real risk of various legal disputes and regulatory violations. Once a content creator becomes successful, others often try to copy content. Involving a lawyer early on helps content creators understand, minimize, and combat the risks associated with not having strong contracts, IP protections, proper entity formation, and regulatory procedures.
Hiring a lawyer early on is an investment in your brand’s future. Overcoming cost misconceptions, raising awareness, and understanding the importance of proactive legal protection ensures sustainable growth and long-term success for content creators.
Five Legal Protections that Every Content Creator Should Consider
Establishing Your Business Correctly
Content creators are small business owners. And starting a business is about so much more than getting a tax ID and filing with your state regulator.
Content creators should consider setting up a business entity, as this can offer significant benefits such as liability protection, which separates personal assets from business liabilities, and tax advantages. It also enhances credibility with clients and creative partners, facilitates access to funding, and provides a structured framework for managing and scaling your business. Additionally, it helps protect your brand name, contributing to long-term stability and growth opportunities. A lawyer can help you set up your business entity to protect you from business-related debts and risks and can advise you on other strategic considerations unique to content creators, like hiding your legal identity from public discovery, which is especially important for content creators who operate under an alias.
Content creators, even solo entrepreneurs, should consider establishing certain formalities like an an operating agreement. An operating agreement is a legally binding contract that governs the internal operations of a limited liability company (LLC). Yes, even content creators can benefit from an operating agreement. Operating agreements clarify roles, establish ownership percentages, prevents disputes, protects personal assets, defines the decision-making process, and details profit and loss distribution. Operating agreements are crucial when borrow money, buy real estate, or enter into leases.
Understanding Intellectual Property
It is essential for content creators to protect intellectual property (IP). Your photos, videos, designs, and even your ideas are valuable assets that need protection. Creating an inventory of your digital assets and establishing safeguards to protect them is paramount. This includes having strong agreements in place if you work with others to create content.
Trademark protection for your logos and images is also importance. A lawyer can guide you through the process of securing these trademarks, ensuring your brand remains uniquely yours. This protection prevents others from using your brand’s assets without permission, maintaining your brand’s integrity and value and preventing others from capitalizing off of your hard work and success.
Compliance with FTC and Other Regulations
Content creators must comply with Federal Trade Commission (FTC) regulations, especially concerning endorsements and disclosures. The FTC requires you to disclose any business relationships when endorsing products. Failure to comply can result in hefty fines and can jeopardize your business. Both the creator and the brand must understand these rules. Brands are also liable for non-compliance, so having a lawyer ensure that all parties are aware of and adhere to these regulations is vital.
Negotiating Brand Partnerships
Strong contracts are foundational for governing professional relationships between content creators and brands. Brand partnership contracts should clearly define the scope of work, ownership of created content, payment terms, and compliance with regulations. Having a lawyer review these types of contracts can help you protect your legal interests.
Combatting Negative Content, Trolls, and Cancel Culture
The public nature of content creation puts content creators at an increased risk of online attacks, including negative reviews and blog posts, social trolling, hacking, and more. While you can’t fully prevent this risk, there are certain steps that online business owners can take to mitigate the risks that negative content will be catastrophic. Additionally, after an attack, an internet defamation and content removal attorney can assist in cleaning up negative content.
Long-Term Benefits
Hiring a lawyer is not just about avoiding legal trouble; it’s about building and protecting your brand. A lawyer can help you set up your business correctly, navigate legal complexities legalities, protect your intellectual property, ensure compliance with regulations, and draft solid contracts. This legal foundation allows you to grow your business confidently, knowing you are protected. By proactively addressing legal issues, you create a solid foundation for your business, allowing you to focus on what you do best—creating amazing content that will propel your business into the future.
