Must-Know Legal Tips for Content Creators
When launching a business or brand, legal considerations might not be at the top of your to-do list. But ignoring these factors can cost you down the line. Samantha Bradshaw, a small business and intellectual property lawyer, breaks down what content creators need to know to protect their work, sponsorships, and branding.
1. Copyright & Content Protection
Every blog post, video, or digital product you create is considered intellectual property the moment it is published. However, protecting that content from being stolen or misused requires more than just saying, "I have copyright."
Register Your Copyright: The U.S. Copyright Office now allows creators to use a small claims court system to fight copyright infringement without needing an expensive federal lawsuit.
Batch Upload for Protection: Register content in batches every quarter to ensure protection and eligibility for statutory damages if someone steals your work.
Monitor Your Content: Keep an eye out for unauthorized use of your content, and enlist your community to report any instances of plagiarism.
2. Media Release Forms: Why Every Content Creator Needs One
A media release form is a simple contract that allows you to use another person's voice or image in your content. Without one, they can demand you remove their presence later, which can disrupt your content strategy.
Basic Protection: Even a simple checkbox agreement can help, but for long-term content use, a signed contract is better.
Ownership Rights: Ensure your contract specifies that you have the right to repurpose, edit, and distribute the content in any format.
Higher Stakes, Stronger Contracts: If your content could be repurposed for a paid course, virtual summit, or membership program, your media release should be airtight.
Tip: If you regularly feature guest contributors, set up an automated e-signature process using tools like DocuSign or CocoSign to streamline your agreements.
3. Sponsorship Agreements: Read the Fine Print
Securing a sponsorship is exciting, but signing an agreement without reviewing the details can be risky.
Understand the Terms: Sponsorship contracts are often written to favor the brand, not the creator. Check out this to learn a bit more about Why contracts matter.
Legal Review: Before signing, consult a lawyer—especially one in the state where the contract is governed—to clarify terms and negotiate changes.
Key Questions to Ask: What happens if the brand wants to back out? Are you obligated to promote them forever? Can you reject certain ad placements?
Tip: Before signing any agreement, make a list of your concerns and have a lawyer explain how they’re addressed in the contract. If you are in need it is your lucky day, you can click here and schedule a Ask a lawyer session with me!
4. Choosing a Brand Name: The Trademark Trap
Many content creators assume that if a domain name is available, they’re good to go. However, if your brand name is already trademarked, you could be forced to rebrand—costing thousands of dollars and hours of work.
Search Before You Brand: Run a search on the USPTO Trademark Database to ensure your name isn’t taken.
Trademark Registration: If you plan to monetize your content, securing a trademark early can protect your brand and increase its value.
Creative Naming: Choose a name that’s unique and legally protectable rather than using generic or descriptive terms.
Tip: Investing in a trademark upfront is far cheaper than rebranding later. If you want to have a better sense of why a trademark would make sense, check out our educational content on social media and take a 10-minute free quiz!
Legal Doesn’t Have to Be Scary
Legal issues in content creation aren’t about wielding a hammer—they’re about setting the rules of the game so that everyone knows what to expect. By proactively protecting your content, securing agreements, and trademarking your brand, you can avoid costly legal battles and focus on growing your business.
Need legal help for your brand? Samantha Bradshaw and Inline Legal specialize in making legal accessible for small business owners and content creators. VisitInline Legal for resources, templates, and legal services to keep your business protected.