Influencers, also known as “creators”, are an emerging class of professional vocation. It’s a new kind of job! These days, you often hear about somebody giving up a stable job to become a YouTuber – or other kinds of creators. In all seriousness, being a creator or influencer is a growing and increasingly professional form of work.
Just what kinds of creators are there? The type known as “influencers” are more likely the YouTuber who has a channel, who have a following, who voice their opinions. But sometimes they are just ordinary people who started up a channel, and quite by surprise, grew their viewer count to something quite substantial – allowing them to benefit from the Google revenue sharing program, otherwise known by kids and mums alike as “Skip Ad, please!”
There are other types of creators, who create digital products – a course, a seminar, a template, an ebook, or something else. They create digital downloads, which their users buy. There are many other types of creators – streamers, reviewers, true crime commentators, dancers, and so on and so forth.
Creators and influencers in the digital age require lawyers. They should be aware that they are often dealing with contracts, in the form of endorsement agreements, affiliate agreements, and IP licensing. The output which they create is protected by intellectual property rights, but do they own it, or have they already assigned it to someone else?
Creators who create digital products may also face issues, from payment processing, to licensing for PLR products, to intellectual property protection, like when a former student decides to re-share the creator’s work. (They always assume that they have a license to re-share; but the creators don’t think so.)
There may also be situations where influencers and creators get into trouble, for example – getting sued for defamation, for breach of agreement, for misrepresentation, and other matters of that nature. These may not be serious threats when an influencer is unknown, but with fame comes the temptation to make an example out of a famous person.
What begins as a hobby can quickly become a small business. A creator may earn from advertising revenue, sponsored content, affiliate commissions, subscriptions, livestream gifts, product sales, appearances, licensing, or paid digital downloads. The income may come from several countries and platforms, each with its own rules, payment arrangements, and terms of service.
A brand collaboration is not simply a request to “make a post.” Important questions include: What exactly must be delivered? When is payment due? Does the brand have the right to edit, reuse, boost, or place the content in advertisements? For how long, in which countries, and on which platforms? Is exclusivity required, preventing the creator from working with competing brands?
These details can make a considerable difference to the value of a deal.
So what kinds of services can lawyers provide to creators and influencers?
First, lawyers can provide legal advice and strategy to these people, helping them to understand their position under the law, and what they can do to improve their position.
Second, lawyers can help to look through agreements, and if the client desires, to amend or improve those agreements, so that the terms are not harmful or unfair.
Third, lawyers can advise creators and influencers on the right course of action, whenever they encounter problems.
Before there were influencers, there were actors and celebrities. Before there were creators, there were teachers and authors and singers and musicians. And all of them benefitted from the assistance that a reliable lawyer could provide, looking steadily over their shoulder and advising them on what to do and what not to do.
Creators should also be careful about the material included in their content. A casually used song, photograph, video clip, logo, artwork, meme, or film excerpt may belong to someone else. A creator should not assume that material found online is free to use. Permission, a suitable licence, or properly created original material may be needed.
The same care applies to commercial claims. A creator promoting a product should not make promises about results, safety, health, investment returns, or other matters which cannot be properly supported. Paid partnerships and commercial relationships should be communicated honestly and clearly.
A creator selling courses, templates, ebooks, memberships, or other downloads may need clear terms of sale: what the buyer is permitted to do with the product, whether refunds are available, whether access may be shared, and what happens if the product is copied or uploaded elsewhere.
If the creator collects customers’ names, email addresses, telephone numbers, payment details, or community information, personal-data responsibilities may arise as well. Good business practices and clear privacy information are not merely formalities; they help preserve trust.
Depending on the creator’s business, a lawyer may assist with:
- reviewing sponsorship, endorsement, affiliate, management, platform, and licensing agreements;
- protecting names, logos, courses, content, and other intellectual property;
- preparing terms of sale, website terms, privacy notices, and collaboration agreements;
- advising on disputes involving unpaid fees, copied content, defamation, takedown demands, or allegations of misleading statements;
- helping a growing creator decide when a more formal business structure and proper record-keeping may be appropriate.
And that is why, in the event you (the reader) are a creator or influencer, and you are concerned about your legal rights, you should reach out to a lawyer.
Thanks for reading.
Important Notice:
This article was written for the purpose of providing legal awareness to the visitors of this website. It is not intended to serve as legal advice, and in case of any doubt, our legal advice will be provided only to paying clients. Please enquire with our office, in case you have any queries.