The Ultimate Legal Checklist for Influencers and Creators

The Ultimate Legal Checklist for Influencers and Creators

 

Are you a content creator or influencer and have ever wondered how to protect yourself legally for your modern-day business? It’s exciting to start a business doing something you love and even more exciting when it starts to grow. When that happens, I want to make sure you are protected and set your business up to be legally legit. Here is the ultimate legal checklist for influencers and creators. 

 

 

 

 

As creatives, when we first start creating content and selling products, the business aspect of things doesn’t really cross our minds. That’s where I come in. I am a legal attorney specifically for content creators and influencers. You deserve to have a solid legal foundation for your business so it can last and you can keep your money in your pocket. This checklist will tell you everything you need to know. Let’s get started! 

 

Disclaimer

What kind of attorney would I be if this didn’t have a disclaimer? I’m a licensed attorney and I practice in Utah and Idaho. I am not your attorney. This is not official legal advice. If you have any questions, please consult with a legal professional in your jurisdiction.

 

 

The Ultimate Legal Checklist for Influencers and Creators 

 

 

 

 

Legal Checklist Item #1: Obtain proper rights. 

 

You want to make sure you have the proper rights to whatever content you are selling. If you are a content creator then you know content is key. With that being the case, you want to make sure that you own the rights to the content you are creating so you can either sell it or license it to whoever you need to. 

 

And this goes for all content no matter what format it is in–video, audio, text, or a combination of photography. When you create content there are a few questions you need to ask yourself:

 

• Did you create it? (If you didn’t, that’s OK. You just want to have something in writing proving that it’s OK for you to use it. This would be called an Independent Contractor Agreement.)
• Did someone help produce the content? (This could be identified as a model for photography, a podcast guest, etc. In this case, you need to have a Model Release Agreement that they will sign, giving you the rights to what they reported as part of your content.)

 

Legal Checklist Item #2: Fill your website footer with your legal documents. 

 

If you go to your website homepage and there is no information in the footer of your website, you want to change that. Your website should be legal and compliant with state and federal privacy laws. 

 

Your website footer should have quick links (or something similar) as follows:

• Privacy Policy 
• Terms & Conditions
• Copyright Statement
• Any necessary disclaimers or disclosures based on what you offer, talk about, and sell

 

Your one-stop solution to adding this to your site would be my Website Bundle Legal Template you can find HERE. This will get you set up and it’s super easy to fill it in and add it to your site!

 

 

 

 

Legal Checklist Item #3: Create a professional collaboration contract.

 

If you are an influencer you live and die by your brand collaborations! When these collaboration opportunities arise, we want to make sure these deals are set up legally and professionally. And the best way to do that is with a collaboration contract. Sometimes brands will have a contract they will send you that you can review upon agreeing to work with them.

 

Other times, you may have to send the brand your contract. This is more likely to happen when you are pitching yourself to a specific brand, especially if the brand does not have a lot of experience working with influencers. When this happens, you want to have your collab contract ready to go. 

 

Your contract should mainly cover the topics of exclusivity, media usage, licensing, IP, payment terms, and a late-term. As well as what happens if the brand cancels or terminates the deal. This just scratches the surface, so if you’re interested in getting the full details on this contract, you can check out my Influencer/Brand Agreement HERE. 

 

Legal Checklist Item #4: Register your business as an LLC with your state.

 

Creator and influencer businesses are real businesses and should be treated and protected as such. When you register your business as an LLC it helps offer that protection you need now and in the future. If something goes wrong in your business down the road, if you have a registered LLC, the only thing in jeopardy is your business money. All of your personal money and assets are off the table. 

 

You can check out my post HERE which gives you all the steps and tips for getting your business registered as an LLC in your state. (There are tons of websites out there that try to charge you way more for this process, so make sure you go to the right one to save you money!) 

 

 

 

 

 

Legal Checklist Item #5: Comply with FTC disclaimers.

 

The FTC (Federal Trade Commissioner) is a government body that is in charge of making sure companies are being truthful with consumers and not participating in false or misleading advertising. They updated their guidelines for influencers to help you know exactly how to share your content in a way that is “clear and conspicuous” per their request. 

 

If you are sharing content that is an ad for a company and it is not clear that you are sharing it because you are getting paid for working with them, then your content may not be clear enough to pass the FTC guidelines. Make sure you make it super clear in your content that you are sharing this content as an ad for the company you are partnering with. You can find the details on the FTC guidelines HERE.

 

Legal Checklist Item #6: Secure the rights to your name.

 

Securing the rights to your name is super important, especially if you are operating under a personal handle or brand name and not under your legal name. You want to make sure you are not squatting on someone else’s digital real estate. I recommend doing a Google search and a trademark search to make sure you can use that name for your business and confidently claim it as you grow your creator empire!

 

Legal Checklist Item #7: Get people legit. 

 

When I say get people legit, I mean having the fine print that you need for legal promotions. When your business starts to grow you will probably have more business relationships and that’s where the fine print will come in handy. Some examples of the fine print include:

• Liability waivers for events
• Release for testimonials

 

There are of course more, but those two are some of the most common ones! Boundaries are so sexy right now, and it’s no different when it comes to getting your business legally legit. 

 

 

 

 

The Ultimate Legal Checklist for Influencers and Creators

 

I hope you’re feeling a bit more prepared (or will be very soon now that you know what to do) with the ultimate legal checklist for influencers and creators. I mentioned a lot of different contracts in this post, so be sure to check out my contract shop HERE to see what you want to get first. Just start with one and work your way to getting your business set up on that solid legal foundation. And make sure to follow me on Instagram @brittanyratelle to keep getting the best legal tips and tricks for your business! 

 

 

READY TO GET YOUR BUSINESS LEGALLY LEGIT?

Download my free legally legit workbook HERE – your free guide to getting your business set up, protected, and ready for growth. When you sign up you’ll also get access to my newsletter with tips and tricks for YOUR growing creative business.

 

 

LIKE TO LISTEN AND LEARN? 

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LET’S CONNECT

Are you interested in getting a copyright or trademark? Book a brand-protected strategy session with Brittany HERE and get a game plan together for your brand and content.

 

Interested in working with Brittany for one-on-one legal services? Sign up for a 15-min phone consult at brittanyratelle.com/services.

 

Want an attorney-drafted, industry-tested legal template for your business? Take a free quiz and find out exactly what you need for your creative business at creativecontracts.co.

 

Or, browse through my quick tips and tricks by connecting on Instagram.