Legal Basics For Content Creators
One of the major reasons creators feel they need a manager or agent is their fear of contracts.
We totally get it. Contracts are confusing, convoluted, and often seem designed to trip you up. Especially with large contracts, we always recommend seeking professional advice before signing. However, professional legal advice can be expensive and time-consuming. Most creators are already bootstrapping and need to strike while the irons hot to secure brand deals.
Something most creators don’t know is that their agent or manager is as qualified to review a legally binding document as a mechanic is to deliver a baby.
At the end of the day, only a lawyer can accurately and effectively decipher a contract. So why do managers and agents call the shots when it comes to contracts?
The reality is that most contracts carry an acceptable level of risk, a risk most managers are willing to shoulder to get the deal done. The core elements of most creator/brand agreements are similar, and if you know the common pitfalls, you can mitigate most risks without legal help.
Creators should know they don’t need a manager to identify these common issues. Reviewing contracts themselves is often better because it’s their responsibility and their ass on the line if something is missed, not their manager’s.
So what should you look out for and remove?
1. Usage Rights
Usage rights are almost always mentioned in creator/brand contracts. This is where the brand defines how they can use YOUR content for THEIR benefit. While not inherently bad, there are some things to watch out for:
Length of Time: Brands typically define the “term” of the agreement, from the start to the end date. Ensure this is clearly defined. If the term doesn’t exceed a few months, it’s usually fine. Remember, you can charge for the right to use your content. Define your price for the term and charge accordingly if they seek an extension.
Perpetuity: This literally means forever. If a brand requests to use your content in perpetuity, push back. Brands often test their luck with this one and will usually remove it upon request.
Type of Usage: Typically, a brand will request to use content related to the campaign both organically (sharing on their socials and website) and paid (part of ads or marketing campaigns). Ensure they don’t extend this to all of your content or have the right to use your image and likeness in unrelated marketing. Keep usage to related content only!
2. Copyright/INTELLECTUAL PROPERTY
Any content you create is yours; you own the copyright and it should remain this way. If a brand asks you to sign over the copyrights to your work, it’s likely not a brand you want to work with. Ensure the contract clearly states that your content remains yours.
3. Deliverables
Ensure the deliverables defined in the agreement match what was initially discussed. Brands sometimes try to sneak in additional requirements, such as an extra Instagram story or sharing content on another platform. If you see something that’s not right, don’t lose your cool, call it out politely. For example:
“Hi [Brand], thanks for sending through the contract. I noticed there was an additional deliverable not originally discussed. I presume this was a typo. Could you remove it? Thanks and looking forward to getting started!”
Always be cordial and to the point. Brands will respect you for it.
4. Revisions
Brands will usually request the option to review your content and request changes. This is fine, as they are your client and are paying for a finished product. Ensure:
Expectations, scope, and script are clearly defined before you start creating content.
The brand only gets one revision request within a specified time after you share the initial draft.
There is enough time between signing the contract and the posting date to create the content and make revisions if needed.
You want to make sure you nail the brief. Clearly knowing what the brands wants and giving yourself enough time to deliver will result in a happy client and repeat work.
5. Payment Terms
Payment terms define how a brand will pay you. Normally, Net 30 days is standard, meaning payment is due within 30 days of invoice receipt. Brands may request longer periods, such as Net 60 or Net 90. We advise pushing back on these, stating your standard terms are Net 30.
For long-term agreements, consider negotiating split payments (e.g., 50% upfront and 50% at the end) or monthly installments. You can negotiate the payment terms to design a plan that works for your business.
Also make sure the brand is going to pay you via ACH or Wire. Checks are an easy way for a brand to delay paying you, they can blame outside factors such as the mail as to why you haven’t been paid. Keeping payment electronic keeps brands accountable.
To summarize..
Contracts can be intimidating, but with the right knowledge, creators can handle them without always needing a manager. Ensure usage rights are clear, maintain your copyright, verify deliverables, manage revision expectations, and negotiate payment terms. And remember, if you have a serious contractual issue, it's always best to consult a professional.
