Our Head of Technology, Scott, trying out his podcasting abilities at our clients’ London studio.
As of September 2024, YouTube is the second most-visited website in the world (just behind Google), and Instagram has a year-on-year growth of over 25%. If you’re using these platforms for your brand, make sure you’re well-informed of the legal implications.
As a YouTuber, Influencer, content creator, or a brand engaging them, it is essential that you are properly informed and understand the risks so that you can navigate the steps that need to be taken to protect yourself, your income, your brand, and your reputation. Here, we explain how having a lawyer on your side can help.
Today, with the speed in which online content can be shared, amplified, and taken out of context, risking reputational damage, it’s important to keep as much control over your content’s release, distribution and intended audience as possible.
This can be extremely difficult to achieve whilst acting authentically. It is vital to get the balance right and to understand the key areas of risk for your brand. For example, for some users, there’s a danger that others may duplicate their content in order to gain an unearned advantage. Taking the appropriate steps to safeguard your content requires a thorough understanding of what your rights are and how to properly enforce them.
A YouTube channel, for example, may be an easy way to have fun making content, in the hopes of drawing in subscribers and, ultimately, income. However, a large subscriber base comes with its own responsibilities. Just as traditional media talent (such as TV personalities) will rely on lawyers to avoid thorny issues, reputational damage or risky contracts, creators and Influencers beginning to make a name for themselves should do the same. This will not only ensure they are following applicable policies and rules accurately, but also will eventually help to commercialise and grow the brand safely.
As a content creator’s platform starts to grow and a brand begins to take shape, new opportunities arise. Content creators often face pivotal decisions early in their careers: should they accept sponsorships? Join an MCN? Sell merchandise Expand to other platforms?
Each choice significantly influences the channel’s trajectory. Each opportunity carries a unique set of legal considerations, including managing and protecting against DMCA claims, addressing defamation risks, and carefully vetting sponsorship deals.
The law, as it applies to the internet, is always evolving and playing catch-up – often, with limited success. However, governments and regulators are facing increasing pressure to provide more robust protections, particularly for younger audiences from the advertising practices of industries such as the gambling sector.
Advising in this emerging media space is a key aspect of Moore Law’s industry-leading Media and Entertainment practice. For over ten years we have worked closely with top talent in this area. Our clients include The Fellas Studios, Goalhanger Podcasts, Beta Squad and the Sidemen. The firm has advised social media influencers, e-sports and YouTube personalities on commercial contracts, merchandising, and IP matters.
As recognised by the Legal 500, Managing Partner, Tris Moore, works with several key media agencies and media clients, while our Head of Technology, Scott Appleton, is a key contact for influencers’ social media channel management issues and on-line retail and merchandising operations. Consultant Solicitor and Head of Sport, Mike Townley, is notable for his work with sports clients, regularly advising in relation to broadcasting rights in particular.
Among the services Moore Law can help with include legal support in relation to individual endorsements and image rights, talent and studio production and monetisation contracts (drafting and negotiation), commercial and IP audit and international strategic review, UK and enforcement of IP rights, protection and exploitation, privacy and data protection, joint ventures and strategic partnerships, agreements agency and distribution agreements, as well as consultancy and royalty agreements, holding company restructuring, shareholders’ agreements and mergers, acquisitions and disposals.
Do you engage influencers or content creators for your brand? Is your online presence your business? At Moore Law, we have plenty of experience in this area and our experts are always happy to help.
Our client, The Fellas Studios, is a podcast production company founded in 2020 by YouTubers Calfreezy & TheBurntChip. Its shows, including Chloe vs The World, Growing Paynes and Saving Grace, amassed over 1.7 billion views in 2023 alone.