If you are serious about your career as a social media influencer, blogger, and/or online content creator, you ARE going to need legal services at some point. Online creation is big business now, and big business means the need for legal services. The Internet and Social Media Attorneys at Revision Legal are here to help. Give us a call if you want more information. Here are some frequently asked questions about legal services for social media influencers, bloggers, streamers, content creators, and others.

Q. Do I really need a social media lawyer?

Yes. At minimum, you are being asked to sign endorsement contracts and other legal agreements. These should be reviewed by experienced lawyers.

Q. What about protecting my brand and other intellectual property?

Yes. In and of itself, your brand is a valuable business asset. When your brand becomes sufficiently famous and powerful, the brand can be used as collateral for financing and might be sought out by investors. To protect your brand, anything that can be trademarked should be registered with the federal or state authorities. The same is true for copyrightable materials. Trade secrets should also be protected by appropriate internal confidentiality procedures. Good internet and social media influencer lawyers can give you legal advice and counsel. The same is also true for protecting rights related to your name, image, and likeness.

Q. What if I am accused of infringing on someone’s IP?

Yes. If you receive “take-down notices,” other notifications of alleged infringement or copyright “strikes,” it is often helpful to get advice and help from an experienced lawyer. For sure, you will need help if your account or channel is suspended.

Q, What happens if I get sued?

Litigation is another aspect of running a business. If you are in the business long enough, you may want to sue someone for infringement of your intellectual property, or you may need a good litigation defense team if you are accused of infringement. There are many other legal issues that can lead to litigation, including breach of influencer contracts, allegations of defamation, labor law violations, failure to comply with advertising and business practices laws, etc.

Q. What other legal services might I need?

Other legal services that you might need include:

• Review of investor contracts
• Review of leases and other contracts for workspace
• Labor law compliance when you hire employees or independent contractors
• Compliance with online privacy and cybersecurity laws
• Being de-banked or other examples of being “canceled”
• Help with Terms of Service and User Agreements for online platforms
• Help with channel reinstatements
• And more

Q. Do I need non-Internet legal services?

You might. Influencers and online content creators are operating businesses and, as such, should be operated through corporate entities like corporations, limited liability companies, etc. This is needed to protect personal assets from business liability. It is also needed for investors and financing. Revision Legal is an experienced Business Law Firm and can help with entity formations and annual maintenance services.

Contact the Internet Law and Social Media Attorneys at Revision Legal

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

Business Formation: Why Content Creators Should Operate as an Entity

Many influencers and content creators operate as sole proprietors without thinking twice about it. This is a mistake. As a sole proprietor, you are personally liable for every contract you sign, every claim made against you, and every debt your business incurs. Forming a single-member LLC costs a few hundred dollars in most states and creates a liability shield that separates your personal assets from business liabilities.

Beyond liability protection, operating through an entity creates credibility with brands and agencies, simplifies tax planning (an LLC can elect to be taxed as an S-corporation, which may reduce self-employment taxes for high-income creators), and makes it easier to bring on partners or investors down the road.

FTC Compliance for Sponsored Content

The FTC’s Guides Concerning Endorsements and Testimonials (16 C.F.R. Part 255) apply to every influencer and content creator who receives compensation — including free products, early access, or commissions — for promotional content. The disclosure obligation is not satisfied by burying “#ad” in a sea of hashtags. The FTC requires disclosures to be:

• Clear — using unambiguous language like “#ad,” “Paid partnership,” or “Sponsored” at the beginning of the caption or video
• Conspicuous — large enough to read, contrasting with the background, and not truncated by a “read more” button
• Timely — appearing at the point of endorsement, not just in the description of a long video

Penalties for non-compliance can include civil monetary fines and injunctive relief. The FTC has issued warning letters to individual influencers and has pursued enforcement actions against brands whose affiliates failed to disclose. Make sure every brand agreement you sign explicitly requires the brand to provide compliant disclosure language for you to use.

Protecting Your Content: Copyright Basics for Creators

Every original video, photograph, blog post, or podcast episode you create is automatically protected by copyright the moment it is fixed in a tangible medium (17 U.S.C. § 102). You do not need to register your copyright to own it. However, registration with the U.S. Copyright Office (which costs $45-$65 per application) is a prerequisite to suing for infringement in federal court, and registration before or within three months of publication allows you to claim statutory damages up to $150,000 per work for willful infringement — without having to prove actual financial loss.

For high-volume creators, registering a “group registration” of unpublished works or published works within a calendar year can make the process more affordable. Talk to a copyright attorney about the registration strategy that makes sense for your content volume and risk profile.

Contract Review: Why Every Brand Deal Needs Legal Review

Brand partnership agreements come in all shapes and sizes. Some are one-page emails; others are 20-page contracts with complex exclusivity, IP ownership, and approval rights provisions. Regardless of the deal size, you should have an attorney review any agreement before you sign it. Key provisions to scrutinize include:

• IP ownership — who owns the content you create? Many brand agreements claim ownership of all content created under the deal; negotiate to retain ownership and grant the brand a limited license
• Exclusivity — does the deal prevent you from working with competitors? For how long and in what categories?
• Approval rights — does the brand have approval rights over your content? Unlimited approval rights can give a brand effective control over your voice
• Usage rights — can the brand use your content in paid advertising after the deal ends? For how long and on which platforms?
• Kill fees — what compensation do you receive if the brand cancels the project after you have begun work?

Contact the Attorneys at Revision Legal

If you have questions or need legal advice, contact the experienced attorneys at Revision Legal. Our team handles internet law for content creators matters for businesses and individuals nationwide. Call us at (855) 473-8474 or use the contact form on our website.