5 Legal Considerations For Content Creators and Streamers
By Justin M. Jacobson, Esq.
As content creators, streamers, and other social media influencers continue to grow their businesses and as their income continues to increase, the need for proper legal structure and protections grows more important. In fact, some creators and streamers are making thousands, if not millions of dollars a year through social media platforms such as YouTube, Instagram, TikTok, Facebook, and Twitch. Consequently, these individuals are more akin to traditional media businesses and entertainers so they must operate as such. Accordingly, while the following is not meant to be a full examination of all the legal considerations for social media influencers, creators, and streamers, these are five key legal considerations for content creators and streamers that these individuals should be aware of as they embark on their professional careers.
1. Proper Rights Assignment Documents With Third Parties
1. It is essential to obtain signed agreements with any third-party individual or company that a creator or streamer works with. For instance, it is prudent to obtain a written document signed by the third-party assigning any rights including any copyrights to the works provided to a content creator or streamer by a web designer, graphic or logo designer, merchandise designer, videographer, photographer, and any content editors including sound, video, and photo editors and “clippers.” It is crucial to ensure that a social media influencer or content creator obtains the rights to the created work prior to hiring a third party, including ensuring that all the terms of the agreement are agreed to prior to any payment or the work being commissioned. Consequently, the failure of a talent or influencer to obtain the written rights to a creative work, such as a logo or photograph, could impact the creator’s future usage of the work. Generally, the third party, such as the photographer or the graphic designer, owns the exclusive copyright in the finished work unless a signed writing to the contrary exists. Therefore, the third-party, not the content creator or influencer, would own the copyright and this party be able control any use of the created work (including commercial ones) which could cause potential issues for a creator or streamer wishing to license or otherwise monetize the commissioned work.
2. “Loan-Out” Companies and Tax Obligations
2. Similar to any business or individual, a content creator or influencer must pay appropriate taxes on the income that they earn from creating content and livestreaming. These tax obligations might include any federal, state, or other required payments based on the streamer or creator’s residence and the amounts earned. The amounts subject to tax include any sums received by the content creator or streamer including from social media advertising revenues, “subscriptions” and other platform-specific “currency,” sponsorship revenues as well as the “fair market value” on any gifted products. The specifics of what income is taxable are outside the scope of this article as an accountant or other tax professional should be consulted for a creator or streamer to understand their full tax obligations and to figure out the best way to optimize their financials. In some cases, it may be advisable for a content creator or influencer to form a business entity such a corporation or limited liability company (LLC) to operate from and to receive all payments related to their content creation or streaming business. Again, a determination of the location and the type of entity to create is of paramount importance; however, this topic is also outside the scope of this article as an attorney or other professional should be consulted for a creator or streamer to understand the optimal situation for the individual..
3. Review and Understand all Contracts including Sponsorship Agreements
3. A content creator or streamer should diligently review any contracts or agreements that they sign with any third party, especially those entered into with any sponsoring brand or company. As social media marketing and influencer marketing continue to be a large form of digital marketing for many brands, including through sponsored posts and livestreams, it is crucial that a streamer or content creator working with a brand is aware of the contractual terms that they must fulfill, including their obligations on behalf of the sponsored commonly referred to as the “deliverables.” Additionally, while the structure of every sponsorship or brand endorsement agreement is different, some key clauses that content creators and streamers should be aware of include a focus on the payment terms under the deal, including how much, how payment is made, and when payments are made to the talent. Moreover, it is crucial to understand the scope and application of any exclusivity provisions as well as any “non-compete” or other clauses that may limit a talent’s ability to work with specific brands after an existing sponsorship ends. In addition to these provisions, there are many other relevant clauses and legal obligations that a content creator or streamer should also be aware of including their “FTC” social media disclosures related to the promotional work as well as the “term” or length of the sponsorship agreement, including whether there are any options or extensions included in the deal and who possesses the right to exercise or decline any extensions existing under the contract.
4. Proper Protection and Licensing of Copyrights and Trademarks
4. A content creator or streamer should also be aware of available intellectual property protection that they may utilize to secure their creative assets including copyrights and trademarks. Accordingly, a content creator or streamer’s social media handle or username, a content series name, a “gamer-tag,” or a “stage” name in addition to any logo design, sound, color, scent, or “hashtag,” could be protected using trademark law. In addition, a content creator or influencer can use copyright law to protect any creative assets they own such as a logo, merchandise designs, original music or animations, photographs, videos, and any other copyrightable works owned by the creator. These intangible assets can then later be licensed, assigned, or otherwise sold to a third party by the content creator or influencer. Moreover, the possession of a valid copyright or trademark registration enables a content creator or streamer to more effectively police and remove any infringing content from social media platforms as well as to combat any “fake” content or accounts attempting to impersonate, tarnish, blur, or otherwise causes or is likely to cause consumer confusion harming the content creator or streamer’s reputation.
5.Proper Protection of Confidential Information and Trade Secrets with NDAs
5. Content creators and streamers working with third parties, including companies and individuals, should also be aware of any confidential, private, or sensitive information that is shared with these parties. In particular, a creator or streamer may provide confidential contact information related to a sponsor’s sales representative that it works with, the creator’s private business or personal information, consumer marketing and user data and analytics, as well as any other protected trade secrets and proprietary information collected or otherwise owned by the talent. In these cases, it is paramount that a talent ensures that all confidential information and trade secrets are protected against disclosure to the public and prevents the sharing of it to other parties without the streamer or content creator’s permission. Accordingly, it may be beneficial for a social media influencer to enter into a written agreement with any third party who receives such sensitive and confidential information which is typically in the form of a “non-disclosure” agreement commonly referred to as “NDAs,” This document is intended to protect the confidentiality of the provided information and imposes restrictions on the usage and disclosure of the information by the recipient. While, it is not mandatory, when personally identifiable information is shared with a third party or when social media logins or future work is disclosed, it is imperative that a streamer or content creator is shielded from any unauthorized uses or disclosures and that there are legal protections in place to prevent and protect the talent.
While the above are not the only legal matters and considerations relevant to content creators, influencers, and streamers, the above is just a few of the many legal considerations that established and growing social media talent should be aware of. Therefore, it is crucial that a creator or streamer contacts an attorney and other relevant financial and tax professionals when undertaking important business and legal decisions related to their career to ensure that they fully understand their legal obligations and liabilities including financial ones. In fact, the failure to do so could cause both financial and other potential legal ramifications for the content creator or streamer that may be very costly and could have been avoided or mitigated.
This article is not intended as legal advice, as an attorney specializing in the field should be consulted.
© 2025 Justin Jacobson Law, P.C.
