Top Seven Things for Content Creators to Avoid
From the perspective of a lawyer for content creators.
Being a content creator is akin to ten jobs at once - filmmaker, writer, producer, speaker, activist, sales, entertainer, accounting, even therapist. But there’s no clear guidelines or path in “best practices” for creators seeking to protect themselves and their businesses while growing their brand. And for many creators launching their creative journeys, this can make the process feel daunting and isolating.
After working with dozens of creators on the legal side and being a creator myself, I’ve compiled a list of the top things creators should seek to avoid. Without further ado:
Signing their IP Away
Every time a creator makes a piece of content they are producing an asset. And this asset should remain the creator’s intellectual property in perpetuity. When brands work with creators, however, many will sneak provisions into the contract stating that the brand will own the content produced rather than the creator. This means the creator can’t use the content for their own purposes in the future and could mean that the brand has the rights to recycle the content in their own media and advertising forever.
Having their physical address publicly available
The internet is a wild west, and people are unpredictable. Many creators who don’t shield their personal address find themselves, at one point or another, being harassed by anonymous folks online. Sometimes the harassment is in physical mail, or “SWATTING” a creator (telling the local police department that the creator is a threat to public safety), or outright doorbell ditching. Creators should keep their home addresses private, period.
Agreeing to Net 60 payment terms
When do brands have to pay creators in their partnerships? Many begin negotiations with a 60 day net payment clause - stating that they will pay the creator 60 days after the agreed-upon content is posted. This is too long. Many brands will actually pay sooner - in my case usually on the day of posting - so make sure to ask for it.
Agreeing to choice of forum clause in a foreign country
What happens if a creator and a brand partner get into a legal dispute? Well, many brand deal contracts include a “forum of choice” clause that requires the parties to litigate the case in a specific jurisdiction. Creators should make sure that this clause reflects their home nation at a minimum. It wouldn’t be ideal to have to travel across the globe for legal proceedings.
Starting drama without being prepared
The Internet is a warzone, rife with drama and conflict. Many creators use their platforms to call out other creators on hypocrisy, truth, or even character. What they don’t expect is what comes next from the targeted creator: an official cease and desist letter sent by an attorney stating that what they did was defamatory and unless they take down the video they will be sued in court. Before jumping into the social media fray creators should be prepared for a potential legal battle over their conduct.
Not using a corporate shield
The main benefit of using a corporate entity like an LLC or C corporation is that if you get sued as a result of your business practices, the only assets the other party can come after are the ones held by the corporation. When creators contract with brands individually rather than through a corporate shield, they are running the risk of the brand coming after them for all of the assets they hold. This could mean their house, their car, their savings account, even their physical possessions like their phone and laptop. For this reason, using an LLC or C corporation for business is incredibly important.
Agreeing to more than 20% commission with agencies
The market rate for social media managers who source brand deals for creators is 20% of gross revenue generated under the deals. When creators agree to anything higher than that (absent special benefits from the relationship like video editing, media appearances, etc.) they are being ripped off by the agency.
Our firm has handled cases that implicate every single one of the points above. If you’re a creator and need some guidance on the legal aspects of your business, drop us a line anytime.
