Hey, it’s Brian. This article is for informational purposes and is NOT legal advice, cool? Onto the article…
The internet is a revolutionary platform for business, innovation, communication… the ideal – and easiest – way to make money today is online. I don’t need to tell you about all the advantages it offers, like low overhead, instant access to a market of millions, and others.
But in all your excitement to be doing business online, it can be easy to forget that just like any other business, your online venture is subject to things like taxes and laws. That includes laws that apply to any business in operation, as well as those solely in the online realm.
And it pays to pay to attention to these regulations lest you lose your hard-earned money, and face fines or other penalties.
That’s not the only reason, of course. Being ethical and above-board is always the best course of action.
One of the great things about the internet and all its social media platforms, apps, and other tools, is that it has radically changed some many aspects of our lives. It’s changed the way we work, communicate, have fun, consume information, enjoy entertainment, get medical care, and… do business.
That’s not a new observation, of course. But one worth making because it’s easy to forget how things were before.
I want to stick with that last point. The online world has really leveled the playing field in many ways… for so many people… when it comes to starting and running a business.
People who could never pull together funds to start businesses in the traditional sense have found new avenues as influencers, content creators, ecommerce entrepreneurs, YouTubers, and more.
But just because it’s easy to start and run an online business does not mean you can abandon all the concerns of a traditional business owner. You have to consider the most advantageous business structure, get solid tax advice from a pro (yes, you have to pay taxes on your earnings and your business’s earnings), and more.
You must also follow the law. And there are several that apply to your activities online, including those that you may not realize, that impact the content you can post, how you talk about products you’re endorsing, how you talk about other people, the material you use in your content, and more.
Gone are the Wild West days of online business. The government is keeping an eye on influencers and content creators. They are watching what people are posting and saying online, on YouTube, Instagram, TikTok, and the like.
And you ignore the law – or don’t attempt to familiarize yourself with applicable laws – at your peril. Ignorance is no excuse.
Fortunately, by keeping in mind some key rules and regulations, you can stay in the government’s good books, especially with regards to the main ways influencers and content creators get in trouble:
- Copyright infringement
- Endorsement disclosures
- Securities violations
- Defamation
- Deceptive advertising
Let’s take a look at some of the legal issues influencers and creators must know about.
Copyright Infringement and Influencers
Simply put your strategy as an influencer cannot depend – or even include at all – simply copying and pasting images from the internet and posting them on your website, blog post, Instagram, or wherever else.
Same goes with a video, song, movie dialogue, or other work.
When you don’t have the original creator’s permission – that’s copyright infringement. Even if you attribute the photo or song or whatever else or even link to the original source.
You might think that you can get away with it, especially if you take images or audio from a large company. And it’s true that the original creator might not notice. That’s why you’ve seen so much content out there, especially on social media, where copyrighted material is used. For example, TikTok videos with people dancing choreographed routines to popular songs.
But if the copyright owner does notice, even months or years after the violation, they can come after you for damages, as well as legal fees. And that can be a lot of money!
Why? Because you are capitalizing – making money – off their hard-earned intellectual property.
There was a recent case in which Sony Music sued fitness apparel company Gymshark for using its artists’ songs in its social media ads without permission. The lawsuit ended up being settled—no doubt for a substantial amount.
All this said, you can use portions of a song or video in your own work, even their images under certain conditions and without the permission of the copyright owner. That is if it falls under the scope of fair use.
The doctrine of fair use permits you to incorporate copyrighted material if it is used in criticism, commentary, news reporting, teaching, scholarship, or research.
For example, say somebody has a YouTube channel dedicated to reviewing Star Wars TV shows and movies. They are allowed to use clips from Return of the Jedi in their review of that work because they are commenting on it.
And, of course, you can always use songs and such included in the commercial libraries of TikTok, Instagram, and other platforms.
See also: What is the Difference Between a Trademark and Copyright