5 Types of Influencers That Could Use a Social Media Lawyer

Want in on a little secret 💁‍♂️? 

I always tell my clients all influencers can benefit from working with a social media lawyer.

Or, at the very least, anyone who uses social media as a source of income should have one consultation with an attorney to discuss whether they are adequately adhering to Internet laws. 

Believe it or not, meeting with a lawyer just ONE time could potentially save your entire business 😲!

While all influencers should speak with an attorney about their online presence, there are certain types of people in particular who should pay extra close attention to the legal risks associated with their brand.

In fact, THESE five types of influencers are often most at-risk ⚠️ for facing account termination – or worse, legal problems:

1. The gamer

Unfortunately, broadcasting videos of yourself playing 🕹️ video games on YouTube, Twitch, or any other social media platform without the consent of the publisher is technically against copyright law

Believe it or not, live game streaming is considered “illegal” because video game developers have not provided written consent for licensed use. 

That being said, many game creators will not ❌ file a complaint against livestreamers. Think about it: those videos often act as free advertising for their games!

However, if a game developer were to confront a livestreamer for copyright infringement, they would have a legal basis for a DMCA takedown – or worse, legal penalties.

Therefore, while I still advise my clients to take advantage of the developers’ “implicit consent”, I also recommend they work with a professional to ensure protection should they face legal ⚖️ trouble in the future.

2. The Instagrammer

One of the most common problems Instagrammers face is music 🎵 copyright. Although it’s a great way to add something extra to your posts, using music on Instagram can cause legal problems, and potentially account termination.

Unfortunately, this problem leaves many Instagrammers too nervous to use music in their posts at all – which is a bummer, since videos with music usually attract more viewers.

These influencers can get around this dilemma by working 🤝 with a social media attorney for advice on where to access royalty free music. Additionally, we can help you determine whether your video is protected by the doctrine of fair use.

Furthermore, Instagrammers are known for hosting giveaways and contests in which the winners receive free swag or a one-of-a-kind experience. Unfortunately, Instagram giveaways come with a bunch of legal requirements, including carefully worded terms and conditions.

Luckily, your social media lawyer can provide you with custom-made templates 📝 for your giveaway rules. This way, you can be confident that your giveaway follows Instagram’s legal policies.

3. The Vlogger

Perhaps the most important issue for vloggers 📹 is personal safety. Oftentimes, people who share seemingly “private” aspects of their lives online are seen as “inviting” followers and fans to invade their personal space.

For example, YouTubers Cole and Sav Labrant have dealt with stolen identities and harassment, among other privacy issues, since they gained millions of subscribers.

Therefore, in order to avoid similar problems, vloggers and other influencers with whom followers feel a personal connection must take extra precautions to protect 🛡️ their privacy.

Luckily, social media attorneys are trained in privacy issues and know tips and tricks for promoting the safety of their clients. For example, we deal extensively with Internet data history, password protection, safe practices, and more. 

Ultimately, a legal professional trained in the social media field could be a key 🔑 factor in keeping you and your loved ones safe.

4. The Fashionista

If you’re an up-and-coming fashion designer 👗, your followers probably love keeping up to date on your latest sketches and designs. However, you most likely also want to share your creations without worrying about them being stolen.

Unfortunately, the methods for protecting your designs can be a bit tricky.

For example, sketches, graphic designs, and textile designs are protected by copyright laws. On the other hand, color and cut benefit from the protections of a patent and trademark 📜, respectively.

Luckily, a social media attorney can advise you on the most effective ways to protect your different fashion designs. Plus, we can provide you with the resources and templates necessary to obtain the protections. 

5. The Instructor

Whether you’re instructing viewers on completing a task or creating art 🎨, you may be tempted to use copyrighted material to demonstrate the final product. However, you need to find a way to provide this reference without breaking copyright law.

People who use social media to make instructional content, such as DIY or how-to videos, must be educated on the doctrine of fair use. Unfortunately, using content without transforming it in some way could easily cost you a copyright strike, and you don’t want more than one of those.

That being said, the doctrine of fair use is sometimes confusing and even unclear 🤷‍♀️. Even the word “transformation” has a very vague definition!

As a result, to keep their social media accounts live, many influencers turn to social media lawyers for assistance with determining best practices for utilizing fair use. Call 📞 one today to discover how we can help keep your online business safe and thriving.