If you plan to be a serious YouTuber, then you will need good internet law lawyers. As just one example, if you put copyright-protected images or videos in your YouTube uploads, you risk being accused of copyright infringement unless you have prior permission to use the material, have a “fair use” basis for the use, or can demonstrate the material is in the public domain. Obtaining permission or deciding what is “fair use” can be practically and legally complicated. Obtaining legal help and guidance from internet law attorneys — like those at Revision Legal — is important and enhances your chances of avoiding infringing the intellectual property of others.

In a similar manner, you will need legal guidance and assistance in protecting your own original content. Your original content is protected by copyrights. If others are using all or parts of your copyrighted materials, then you can send cease and desist letters, notices of infringement to the infringing party, takedown notices to the hosting platform, and/or potentially, sue for copyright infringement. If you are going to start litigation (or have to defend against a lawsuit), you will absolutely need the legal assistance of trained, experienced, and talented litigators.

Other types of intellectual property must be protected too. These include registering trademarks that identify your YouTube channel as a unique source of identifiable products and/or services and trademarks for logos, designs, words, phrases, etc. You may also have trade secrets that need legal protection. Good internet law lawyers can help with that too.

At some point, you may also need legal assistance with compliance with YouTube’s terms and conditions. To continue with our discussion of copyright issues, a copyright claim might be issued against one of your uploads. Worse, a copyright “strike” might be issued by YouTube against your channel. That can be dangerous and might lead to demonetization and/or cancellation. You will need to respond to a copyright strike and hiring a YouTube lawyer will help. Likewise, if your channel IS suspended, you will maximize your chances of winning an appeal by hiring good YouTube lawyers.

Aside from intellectual property and YouTube-specific legal issues, YouTubers may need legal assistance for other legal-related matters. For example, to protect personal and family financial assets, it may be useful to create a corporate entity — like a limited liability company. Corporate entities are “artificial” in the sense that they are created by filing papers with your local State government. The value of a corporate entity is that such entities provide a “shield” against creditors reaching your personal and family assets. If you are running your YouTube business as a sole proprietorship, there is no such shield.

Youtubers may need other legal services including:

• Review of policies and advice on labor law matters (if you have employees or independent contractors)
• Review/drafting of contracts such as work-for-hire agreements, licensing, use of IP, etc.
• Review/drafting of non-compete, non-disclosure and confidentiality agreements
• Review/drafting of vendor, supply, and other business contracts
• Assistance with compliance with advertising laws and regulations

Contact the Internet and YouTube Attorneys at Revision Legal For more information, contact the experienced Internet and YouTube Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.

FTC Endorsement and Disclosure Rules: A Legal Compliance Requirement

One of the most frequently violated legal requirements for monetized YouTube channels is the Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255), updated comprehensively in 2023. These guides require that content creators clearly and conspicuously disclose any material connection to a brand or product they promote. A “material connection” includes: payment for a review; receipt of free products or services; family or employment relationships with the brand; and equity stakes in the promoted company.

The disclosure must be placed where viewers are likely to see or hear it, made in language viewers can easily understand, and positioned in close proximity to the relevant claim. A disclosure buried in the video description, in tiny text over a busy background, or at the end of a 20-minute video is insufficient. The FTC has taken enforcement action against creators and brands for inadequate disclosure. Fines for individual violations can reach $51,744.

YouTube Content ID and Copyright Strike Management

YouTube’s Content ID system automatically scans uploaded videos against a database of copyrighted content. When it detects a match, the rights holder can elect to block the video, monetize it (directing ad revenue to the rights holder), or track its viewership. A Content ID claim is not a copyright strike — it is a rights management action that typically does not threaten the channel.

A copyright strike is more serious. YouTube issues a strike when a rights holder submits a manual DMCA § 512(c) takedown request. Three copyright strikes within 90 days results in permanent channel termination and loss of all uploaded content and monetization. Managing copyright strikes requires acting promptly: a creator has three options — wait for the strike to expire (after 90 days if no further strikes occur); complete YouTube’s Copyright School; or dispute the strike by submitting a counter-notification under 17 U.S.C. § 512(g). A counter-notification is a legal document sworn under penalty of perjury. Filing a false counter-notification can result in personal liability. A YouTube lawyer can review the merits before the counter-notification is filed and advise on whether the creator has a viable fair use defense.

Business Formation and Asset Protection for Serious YouTubers

A YouTuber operating as a sole proprietorship faces unlimited personal liability for business obligations — including copyright infringement judgments, defamation claims, and advertiser disputes. A properly structured LLC provides a liability shield protecting personal assets from business creditors. For a YouTuber earning significant advertising and sponsorship revenue, the tax advantages of operating through an S corporation (allowing the owner to pay a reasonable salary and take remaining profits as distributions not subject to self-employment tax) can also be substantial.

YouTubers who employ staff — video editors, thumbnail designers, social media managers, production assistants — must comply with federal and state employment law requirements: proper worker classification (employee vs. independent contractor); payment of employment taxes; maintenance of required workplace policies; and compliance with applicable state wage and hour laws. Misclassifying employees as independent contractors is among the most common and costly compliance failures for growing creator businesses.

Sponsorship and Brand Deal Contracts: What to Watch For

Brand deals are often the primary revenue source for mid-tier and large YouTube channels. A sponsorship agreement submitted by a brand or its agency should be reviewed by a lawyer before signing. Key provisions to scrutinize include:

• Exclusivity. Does the agreement prohibit working with competing brands? For how long? In what product categories? An overly broad exclusivity provision can foreclose significant revenue.
• Content approval rights. Does the brand have the right to approve or require revisions to sponsored content? Unlimited approval rights give the brand effective editorial control over the creator’s content.
• IP ownership. Who owns the sponsored content — the creator or the brand? Does the brand receive a license to repost, modify, or use the content in its own advertising campaigns?
• Indemnification. Is the creator required to indemnify the brand for all claims arising from the sponsored content? An unlimited indemnification obligation is a significant risk.
• Payment terms and kill fees. When is payment due? What happens if the brand cancels after the content has been produced? A kill fee provision protects creators who have invested time and production costs.

Revision Legal’s internet and YouTube lawyers represent content creators at all stages — from channel formation to brand deals, copyright disputes, and platform enforcement appeals. Contact us at (855) 473-8474.