The Quick and Dirty Legal Guide for Social Media Influencers: Everything You Need to Know with Lawyer Jamie Lieberman : The YouTube Power Hour Podcast 228
“Whether you’re just starting or established in business, know what the potential legal pitfalls can be.”
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It’s another YouTube Power Hour First, and this is going to be a SUPER valuable and helpful episode. For the first time ever, I have an attorney on the show as a guest! Jamie Lieberman, owner and founder of Hashtag Legal, has been a practicing lawyer for nearly 15 years. As an experienced entrepreneur, Jamie understands the unique needs of business owners at different stages in their organization’s growth. Today, she partners with clients across verticals including influencer marketing, creative services and e-commerce.
Let’s get down into the nitty gritty of the legal matters when it comes to YouTube. There are three situations that Jamie sees a lot when working with influencers: intellectual property, contracts, and FDC disclosures.
When it comes to contracts, what should influencers be looking at when they are reviewing contracts? The first is scope of work: what do you have to do, and is it clearly defined in the contract? This should also include revisions, drafts, and reshoots. It’s imperative that both parties have a clear understanding that is explicitly written in the contract. The second is intellectual property: who owns what’s being created? Look for the term “work for hire,” which essentially means that your client owns whatever you have created. If you want to maintain ownership of everything you create, make sure it’s clear what they are allowed to do. Another term to look for is “derivative work,” which basically means that the client can create something out of what you create.The third thing to look for is an exclusivity clause: are you required to not work with a certain subset or category of brands? Know what the exclusivity is, but also know what it means and be sure it is clearly defined. Finally, make sure to that both parties agree to the payment terms, and whether or not there is a confidentiality agreement clearly defined in the contract.
“When in doubt, ask for permission.”
What about copyright and fair use? Jamie’s best advice is to always ask for permission. Everything that is creative, whether it’s registered or not, is under copyright protection. Fair use doesn’t necessarily mean that you’re not infringing, it just means that you might have a defense to it. Music is a HUGE issue, especially for video creators. Don’t use copyrighted music unless you’ve purchased the license, and be sure you purchase the CORRECT license. You need a commercial license if you are monetizing your video! Be sure to save the license.
Finally, always be honest. You must always disclose when you have a relationship that you are being compensated for, and make sure it’s mentioned in the video AND in the description. If you don’t like something, say so! Just because someone has gifted you a product or paid you money doesn’t mean you have to say that you love it. What if someone is using your image or something you have created without your permission or without compensation? There’s an avenue for that! In this episode, Jamie talks about a DMCA takedown and how you can handle someone who is using something of yours without permission.
“You own your work and you work hard to create it, so it’s important for you to get paid for it.”
Mentioned in the Episode:
Connect with Jamie
Jamie Lieberman’s Website: Hashtag Legal
Jamie Lieberman’s Podcast: Fearless Business Podcast
Resources
Add your name to the Zero to Influence YouTube Bootcamp waitlist so you are notified when space becomes available!
Watch my replay of my FREE Zero to 100k Subscribers Masterclass
FREE GUIDES:
Creating Content During Crisis: How to Create Impactful Content During COVID-19 Pandemic
Getting Started on YouTube: YouTube Niche Workbook
How to get onto PR lists and receive a TON of free product even if you have a small following: PR List
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Course Creation: Looking to create a course? Kajabi is the BEST platform hands down. I use this for my course after extensive research on all the other platforms.
Live Calls and Interviews: I use Ecamm for my podcast interviews, both audio and for YouTube that you see here on YouTube. It makes it super easy to share my screen and create the split-screen with my guest. I’m not super techie and this software is really easy to use!
Webinars and Live calls: I use Zoom.us for my group coaching calls in my private membership group for female YouTube creators. It’s also the software I use to record my Road to 100k YouTube Subscribers Masterclass!
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After interviewing HUNDREDS of successful YouTube creators, these are the pieces of equipment that hands down get mentioned time and time again. You can’t go wrong with anything on this list!
- 4k Camera: Great for starting out and vlogging
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- Inexpensive Lighting Kit: Need to pick up some lights but don’t want to spend a ton? This is a great set that will get you started and help improve the look of your videos.
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Podcast Music Credit: Boop by x50 @x50music
Music provided by Free Music for Vlogs youtu.be/o52xQkQWzyU
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**Disclaimers: all opinions are my own, sponsors are acknowledged. Links in the description are typically affiliate links that let you help support the podcast at no extra cost.
