No Content Creator Is Too Small to Be Slapped With a Lawsuit — 3 Key Steps to Protect Your Business This article debunks the myth that small content creators don't need legal protection and explains why every creator should address key legal areas from the start.
By Brian T. Edmondson, Esq. Edited by Kara McIntyre
Key Takeaways
- No matter the size of your online platform, legal protection is critical to avoid potential risks like copyright infringement, liability and defamation.
- Focusing on intellectual property protection, terms of service and privacy policies, and setting up a business entity like an LLC can safeguard your online business.
- Preventative legal measures are more cost-effective than reactive responses to legal issues; even small content creators should take immediate steps for protection.
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In 2005, when I started my online business and published my first blog post, legal protection was the last thing on my mind. I believed it was only necessary for established businesses.
Now, with years of experience as an online entrepreneur and a law degree under my belt, I realize how misguided that thinking was.
Whether you're just getting started as a content creator or an established online business, believing you're "too small" for legal protection is a dangerous misconception. Let's take a look at why size doesn't matter when it comes to legal risks in content creation.
Related: 3 Areas of Law Every Entrepreneur Should Know
1. The dangerous mindset of "I'm too small to matter"
When you're just starting out, legal considerations often take a backseat to content creation and audience building. However, the internet and the law don't discriminate based on the size of your platform.
Consider this 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 cease and desist letter for copyright infringement. Your channel's size doesn't shield you from legal consequences.
The "I'm too small" mindset can leave you vulnerable to various legal risks, regardless of your audience size.
2. Size doesn't matter, but impact does
In content creation, your potential impact outweighs your audience size when it comes to legal exposure. Here are two examples:
- A fitness influencer with 5,000 Instagram followers shares a "miracle" weight loss tip that causes harm to a follower. Despite the relatively small following, the influencer could be held liable for the damages.
- A podcaster talking about a famous celebrity makes negative statements that are untruthful. Even with a limited audience, this could result in a lawsuit for defamation.
These scenarios illustrate that the size of your platform doesn't determine your legal risk. Your content's potential impact does.
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3. Three key areas every creator should address immediately
To protect your content and your business, focus on these three critical areas:
1. Intellectual property protection
Safeguarding your brand and respecting others' IP rights is crucial. This includes your brand name, logo and original content. Equally important is ensuring you're not infringing on others' rights, such as using copyrighted content without permission.
Action step: Conduct a trademark search for your brand name and consider registering it if it's available or discontinue using it if it belongs to someone else.
2. Terms of service and privacy policies
These documents are essential, even for small creators. They set expectations for your audience and protect you legally. For instance, a clear privacy policy is crucial if you collect any user data, even just email addresses for a mailing list.
Action step: Draft basic terms of service and a privacy policy, or consult a legal professional to create these documents.
3. Set up a business entity
Establishing a proper business structure, like an LLC, can provide personal asset protection. This separation between personal and business assets can be crucial in the event of legal issues.
Action step: Research the benefits of forming an LLC or other business entity for your content creation activities.
4. The cost-benefit analysis: prevention vs. reaction
Investing in legal protection early may seem costly, but it's often far less expensive than dealing with legal issues reactively. For example, the cost of trademark registration is minimal compared to potential damages for trademark infringement.
Consider this: A business colleague of mine recently spent several thousand dollars to settle a copyright infringement claim. Had they simply been aware of copyright law and spent a small amount to license the image, they could have avoided the issue at a fraction of the cost.
Related: So Somebody Stole Your Content. Now What?
5. Starting small: three steps for immediate protection
Even with limited resources, you can take steps to protect your content business:
- Educate yourself on basic copyright laws relevant to the type of content you create and use.
- Use proper attribution and obtain necessary permissions for any third-party content you use.
- Implement basic legal documents on your website or channel, such as a simple terms of use and privacy policy.
Legal protection isn't just for big creators — it's a fundamental aspect of running a content-based business, regardless of size. By addressing these key areas early, you're not only protecting your current work but also laying a solid foundation for future growth.
A sound legal strategy is about recognizing potential risks and taking proactive steps to protect your creative endeavors. Don't wait until you face a legal challenge to start thinking about these issues.
Your content, your brand and your peace of mind deserve protection from day one.
