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In 2005, when I began my online business and published my first blog post, legal protection was the last item on my mind. I assumed it was only essential for established corporations.
Now, with years of experience as an web entrepreneur and a law degree behind me, I realize how improper that considering was.
Whether you’re just starting out as a content creator or you’re an established online business, believing you’re “too small” to get legal protection is a dangerous misconception. Let’s look at why size doesn’t matter when it involves legal risk in content creation.
1. The Dangerous Mindset of “I’m Too Small to Matter”
When you’re just starting out, legal issues often take a backseat to content creation and audience building. But the web and the law don’t discriminate based on the size of your platform.
Consider the following scenario: You’re a lifestyle vlogger with 500 subscribers. You use a popular song in your latest video, assuming it’s harmless given your small audience. Suddenly, you receive a stop and desist letter for copyright infringement. The size of your channel doesn’t protect you from legal consequences.
The “I’m too small” mentality can expose you to a number of legal risks, no matter the size of your audience.
2. Size doesn’t matter, but impact does
In content creation, your potential influence outweighs the size of your audience when it involves legal exposure. Here are two examples:
- Fitness influencer with 5,000 Instagram followers shares “miracle” weight reduction tip that harms follower. Despite having relatively few followers, influencer could be held liable for damages.
- A podcaster talking about a celebrity makes negative statements that are unfaithful. Even with a limited audience, this might result in a defamation lawsuit.
These scenarios show that the size of your platform does not determine your legal risk. The potential impact of your content does.
3. Three Key Areas Every Creator Should Address Immediately
To protect your content and business, focus on three key areas:
1. Intellectual property protection
Protecting your brand and respecting the mental property rights of others is key. This includes your brand name, logo, and original content. It is equally necessary to make sure you are not infringing on the rights of others, equivalent to using copyrighted content without permission.
Step by step: Conduct trademark research for your brand name and consider registering it if available, or discontinuing use of it if it belongs to another person.
2. Terms of Service and Privacy Policy
These documents are essential, even for small creators. They set expectations for your audience and protect you legally. For example, a clear privacy policy is essential if you collect any user data, even just email addresses for a mailing list.
Step by Step: Prepare basic terms of service and privacy policy or seek the advice of an attorney to draft these documents.
3. Set up a business entity
Establishing the right business structure, equivalent to an LLC, can provide protection for your personal assets. This separation of private and business assets could be crucial in the event of legal issues.
Step by Step: Research the advantages of forming an LLC or other business entity for your content creation business.
4. Cost-Benefit Analysis: Prevention vs. Response
Investing in legal protection at an early stage could seem expensive, but it is often much cheaper than reactively resolving legal issues. For example, the cost of registering a trademark is minimal in comparison with the potential damages for trademark infringement.
Consider this: A business colleague of mine recently spent several thousand dollars settling a copyright infringement claim. If that they had simply known the copyright law and spent a small amount on an image license, they may have avoided the problem for a fraction of the cost.
5. Start small: three steps to immediate protection
Even with limited resources, you possibly can take steps to guard your content business:
- Familiarize yourself with the basic copyright laws that apply to the content you create and use.
- Please use proper attribution and obtain essential permissions to make use of any third party content.
- Implement basic legal documents on your website or channel, equivalent to easy terms of use and privacy policy.
Legal protection isn’t just for big creators—it’s a fundamental aspect of running a content business, regardless of the size. By addressing these key areas early on, you’re not only protecting your current work, but also laying a solid foundation for future growth.
Sound legal strategy involves recognizing potential risks and taking proactive steps to guard your creative endeavors. Don’t wait until you’re faced with a legal challenge to begin considering about these issues.
Your content, your brand and your peace of mind deserve protection from day one.