Top 3 Signs You NEED a Lawyer for Social Media

Even if you’re familiar with social media lawyers’ specialization and who we represent, it can still be difficult to recognize whether you would benefit from hiring a lawyer for social media.

For example, you may be under the impression that only big-time influencers like Kayla Itsines and Zach King require legal assistance for their social media businesses. However, this is a common misconception 🙅‍♂️.

In fact, anyone earning a revenue from their social media accounts should be working closely with a legal professional to ensure they stay out of trouble and keep their content protected!

That being said, if you’re more of a DIY person who prefers to use online references for legal education, you’re not alone. 

However, if you fit into one of the three categories below, or find yourself confused 🤷‍♀️ about social media law, you may want to consider hiring a lawyer for social media help:

You frequently post content with copyrighted material

Any time you use other people’s content in your social media posts or YouTube videos, you risk copyright infringement strikes or charges. 

In fact, many social media platforms have strict penalties for repeat offenders. For example, after three copyright strikes on YouTube, you will lose your channel forever 😱!

Not to mention, if a copyright case were to escalate to court and you were found guilty, you could be responsible for paying actual or statutory fees PLUS attorney’s fees. Believe it or not,  statutory fees alone can range from $750 to a whopping $150,000 💰 per offense

Therefore, in order to keep your channel – and your wallet – safe, it’s imperative that you are educated on the legal definitions of copyright and fair use. Plus, you should be extremely familiar with what constitutes copyright infringement and the most common causes of copyright strikes online. 

Luckily, a social media lawyer can help you understand the doctrine of fair use to avoid negative consequences like losing your social accounts.

DON’T get taken down by a simple mistake like adding copyrighted music 🎵 to your Instagram post. Instead, let a lawyer for social media educate you on the best practices for finding royalty free content, transforming material, and avoiding copyright infringement.

You earn revenue from brand deals or other contract-driven partnerships

Brand deals are a great way to make an income 💸 from your social media accounts. However, brand deals also present an opportunity for big brands to take advantage of smaller businesses and entrepreneurs.

For example, many YouTubers who finally have the chance to work with their favorite brands often forego negotiating a better deal for fear of losing the business venture altogether.

Unfortunately, agreeing to a brand deal without extensive knowledge of negotiation tactics and contract language can result in a BAD 👎 deal.

Not to mention, advertising a product to your followers – even if it’s sponsored! – comes with a long list of potential liabilities by the FTC. Furthermore, even if you’ve partnered with a great brand, they may not worry about protecting you. 

Therefore, it makes sense to hire a lawyer for social media disclosures to alert ⚠️ your followers that you are, in fact, advertising a product and are not responsible for any negative health effects it may cause.

When it comes to brand deals, social media lawyers are invaluable for advice on negotiation 💬 tactics and avoiding liabilities.

You create legally “complicated” content

While all influencers’ content should be reviewed by a social media attorney, there are a few social media “industries” in particular that most commonly get content creators into legal trouble.

For example, just this month Twitch 🎮  users found themselves in yet another copyright dispute with the platform as popular users faced a plethora of DMCA takedown notices. This time, takedowns were issued for unverified use of songs such as Ariana Grande’s “7 Rings”.

However, the biggest shock was that some of the flagged videos were made in 2017!

Livestream game players are also at a higher risk of copyright flags 🚩 due to the vague guidelines surrounding video game licensing. 

More specifically, while some games’ terms of use allow livestreaming, others don’t. However, many game developers have never issued copyright flags for gameplay videos because they act as free advertising! 

These confusing, unwritten rules of the gameplay industry alone are reason enough to hire a lawyer for social media and protect yourself from being tricked into copyright 🛡️ infringement.

Additionally, another sector of the social media world that keeps causing legal trouble is YouTube Kids. While COPPA was designed to protect minors, it has increasingly plagued YouTubers who identify their content as “safe for kids” 👶.

In fact, after the new YouTube Kids rules were initiated on January 1, so many YouTubers faced COPPA violations that even child-directed channels left the platform!

As a result, it’s always a good idea to consult with a lawyer for social media advice when it comes to child-appropriate YouTube videos. Otherwise, you could be facing a $42,530 in COPPA penalties PLUS account termination ☠️ – and neither of us want that.