I was reading an article about a dispute that took place in 2016 between a popular YouTuber, Criken, and a co-developer of his ICU game. This dispute resulted in a lawsuit against the YouTuber. It has since been resolved, but it raised some issues that I thought are very important for content creators and collaborators in software and other tech projects
I've mentioned in several posts and in videos on my YouTube channel (www.youtuberlaw.com) the legal requirement to provide and present your YouTube viewers with Official Rules every time you promote your giveaway and before anyone enters a giveaway on your YouTube Channel. In this post (and accompanying video) we’re going to cover a few things related to drafting a legally compliant set of official rules for your YouTube sweepstakes (the legal term for giveaway). And I also promised you a FREE set of YouTube Giveaway Official Rules. I'll provide those as well
This article discusses some restrictions you have to place and some restrictions you may want to place on entries by minors into your YouTube sweepstakes, giveaway and contest. This is going to be divided into two parts. The first part will discuss entry to minors under the age of 13. In that section I will explain to you why you cannot allow anyone under the age of 13 to enter. Forget about whether or not those under 13 may actually win. You cannot allow them to even just enter your giveaway.
Today we’re going to discuss how viewers or entrants into your YouTube giveaway or sweepstakes will submit an entry that you will then use to pick the winner? We’ll discuss how traditional sweepstakes, outside of YouTube, are managed? What’s the legal advantage such non-YouTube sweepstakes have over YouTube-style giveaways? And what is the risk inherent in running giveaways based on comments, likes and subscribers?
Today we’re going to discuss whether the prize you plan to give as part of your Sweepstakes on your YouTube channel is legally permitted. As always, lets start with what YouTube says … and surprise, surprise, YouTube says nothing except that you must adhere to all laws. What about the law? What does the law say? A great deal!
Today's we’re going to discuss whether your planned international giveaway or wordlwide sweepstakes are legal. In most cases, unless you’ve hired multiple attorneys across the world, the answer will be no. Your international giveaway will not be legal. At least across most countries around the world.
Today we’re going to discuss how to negotiate a trial period with any MCN (multi-channel network), brand managers, digital advertisers or influencer marketing companies. Why can I speak about all of these companies in a single post? It’s because, most often, these are either all-different names for the same type of company or because the same legal issues arise in all of these contracts. The key fundamental issue I’m going to be stressing today is how to negotiate an agreement that allows you to remain in the driver’s seat. How you can test out these MCNs, managers and advertisers while not being locked into long term contract or paying for non-services.
As photographers, videographers and YouTubers walk around town, snapping pictures and videos of surrounding parks, marketplaces, streets and gatherings … little thought is given to sculptures, paintings, displays and other works of art placed in plain sight. How many of us think twice about the copyright limitations of art placed in public? How many wonder if they are permitted to include images of the art in their films or videos? After all, art whether placed in a public park or in a gallery, is entitled to the same measure of protection by the law. Why should the law treat art created by artists any different just because of the place in which it is installed?
Many articles were written over the past six months claiming that YouTubers and online Influencers violated the law by failing to disclose paid reviews. Many inserted the names of famous YouTubers, like PewDiePie, into the titles of their articles and tags in order to drive clicks. The reality is that these articles often did little research of the law, glossed over facts, didn’t explain the difference between guidelines and laws, didn’t compare changes in FTC opinions over time and relied on click-bait.
This article cover the ideal legal process of setting up and organizing an FBA business such that your liability is limited and contained and does not risk your YouTuber brand. The article encourages YouTubers to form an FBA company as a limited liability company (LLC). The FBA LLC will be setup as a wholly owned subsidiary of the YouTuber brand company. The FBA account with Amazon will be signed by the FBA LLC and a contract will be drafted between the YouTuber Brand company and the FBA LLC for the brand company's promotional services.
Are false statements, less defamatory just because they are repetitions of statements made by others? Are YouTubers or their viewers less liable when repeating statements then if they were the original speakers? Can a person be held liable for simply repeating defamatory statements that someone else published?
I've been watching some of my favorite YouTubers only to question their usage of music. How are they getting rights to use professionally produced and performed music? Are the YouTubers performing compositions that are in the public domain. Are they licensing music under commercial licenses? Are they utilizing royalty free music?
So you're thinking of joining a YouTube Multi-Channel Network (MCN)? Maybe you received an email that made you feel so special. A Network thinks that your Channel has potential and they would love to help you grow subscribers, viewers and (yay) revenue. The other week, I received a call from a client who asked if I can help him get out of a network deal. He had a small channel (under 2,000 subscribers) and was, at first, excited about joining a network. He quickly realized that he got little from the network in exchange for some 30% of his revenue. So he decided to leave the network. Not so fast. He was told that he was locked into the contract. What? locked into a contract, giving away 30% of your revenue and getting nothing in return. I can definitely help you here.
Come on in, take a sit and tell me how I can help you. It's the start of the year. A perfect time for us to develop a strategic legal plan for your YouTuber Company. Let's forget the things we thought we'll do in 2016. Let's make sure that 12 months from today, when we review all that we've accomplished in 2017, we can say that we've placed your YouTuber company on the right footings. We set it up for future success. That's what I thought about during the holiday.
You started a new company. It exciting. In the beginning you self finance it. A little bit of savings. A great deal more in credit cards debt. But shortly thereafter you start to realize that your credit cards will not carry you far enough. You need help. And others ... if they only support your idea, they can profit from your success. So you decide to swallow your pride, put on your salesman's hat and try to raise money from family and friends. but where do you start?
YouTubers love to collaborate. Its fun, adds variety plus it can be a great way to cross promote channels. But did you ever think about who owns the collaborated-on video? Is it possible that while you contribute to a collaboration, you may not own any copyright to or have license to use the video? It made me wonder. So I wrote this article.