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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 wrong that thinking was.
Whether you're just starting out 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.
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1. The dangerous mindset of “I'm too small to matter”
When you're just starting out, legal considerations often take a back seat to content creation and audience building. However, the internet and the law do not 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. The size of your channel does not protect you from legal consequences.
The “I'm too small” mindset can leave you vulnerable to various legal risks, regardless of the size of your audience.
2. Size doesn't matter, but impact does
In content creation, your potential impact exceeds the size of your audience 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's causing damage to a follower. Despite the relatively small following, the influencer can be held liable for damages.
- A podcaster talking about a celebrity makes negative statements that are untrue. Even with a limited audience, this could result in a defamation lawsuit.
These scenarios illustrate that the size of your rig does not determine your legal risk. The potential impact your content has.
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3. Three key areas every creator should address immediately
THE protect your content and your business, focus on these three critical areas:
1. Protection of intellectual property
Maintaining your brand and respecting others IP rights is crucial. This includes the brand name, logo and original content. Equally important is making sure you are not infringing on the rights of others, such as use of copyrighted content without permission.
Action Step: Conduct a trademark search for your brand name and consider registering it if it's available, or stop using it if it belongs to someone else.
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 one Privacy policy it is essential 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. Create a business entity
Creating a proper one business structure, like an LLC, can provide personal asset protection. This separation between personal and business assets can be crucial in case of legal issues.
Action Step: Research the benefits of forming an LLC or other business entity for your content creation activities.
4. Cost-benefit analysis: prevention versus response
Investing in legal defense may seem expensive at first, but it is often much less expensive than handling legal matters reactively. For example, the cost of registering a trademark is minimal compared to the potential damage to it 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.
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5. Starting small: three steps for immediate protection
Even with limited resources, you can take steps to protect your content business:
- Educate yourself on the basics copyright laws relevant to the type of content you create and use.
- Use appropriate attribution and obtain the necessary permissions for any third-party content you use.
- Implement basic legal documents on your website or channel, such as simple terms of use and privacy policies.
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 on, you're not only protecting your current job, but you're 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.