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Content Creator Law by a Content Creator

Julian Sarafian, lawyer and content creator, unpacks the legal issues faced by social media influencers and content creators and discusses the industry landscape more generally. This course covers the rise of social media and social media influencers; the brand deal agreements influencers enter into with companies, including specific terms; regulations implicated in influencer brand deals, including FTC guidelines; and the legal issues influencers face, such as defamation suits and intellectual property disputes.

Topics covered include:

Arts & Entertainment Business Law Contracts Intellectual Property Legal Industry Trends

Agenda:

Introduction to Industry and Overview

Introduction to Julian Sarafian, lawyer and content creator
Money in the industry
What does a content creator do?
What legal agreements do they sign onto?

Legal Issues Facing Creators

Brand deal terms
Defamation suits
IP infringement, trademarks, copyright

Detailed Teaching Points on Content Creator Law

Indemnification
Whitelisting/paid usage
IP ownership rights
Non-competes
Payment terms
Jurisdiction of choice
Anti-SLAPP, defamation
Fair use and copyright concerns

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: December 8, 2023 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

Julian Sarafian has a background as a lawyer and content creator focused on the creator economy. Julian begins his presentation by discussing the significance of social media and its growing influence on society. He shares his personal journey from big law to becoming a content creator and law firm owner, emphasizing the importance of understanding the creator economy.

04:57 The Power and Growth of Social Media

Julian discusses the underestimated power of social media, noting its rapid growth and widespread use among younger generations. He highlights the exponential growth of the creator economy, which has become a multi-billion dollar industry. Social media platforms are evolving from personal connection tools to information-sharing hubs, affecting how users interact with content. Julian emphasizes the importance of understanding these changes for both personal and professional reasons.

14:47 Content Creation and Influencer Dynamics

Julian explains the dynamics of content creation and the different types of influencers, from nano to mega influencers. He highlights the shift towards authenticity and rawness in content, which resonates more with audiences today. The role of trends and pre-existing content formats, like TikTok dances, in helping creators produce engaging content is discussed. Julian notes the importance of video content in achieving growth on social media platforms.

24:47 Legal Aspects of Brand Deals

Julian delves into the legal aspects of brand deals, emphasizing the importance of understanding contract terms. He discusses the lack of standardized data metrics in the industry, leading to inconsistent brand deal practices. The significance of engagement rates and niche markets in determining the value of brand deals is highlighted. Julian stresses the need for creators to have legal counsel to navigate complex contract terms and protect their rights.

43:30 Indemnification and Licensing Concerns

Julian warns about the dangers of indemnification clauses in brand deals, which can hold creators financially liable for lawsuits. He explains the importance of negotiating usage and licensing rights to protect a creator's name, image, and likeness. The concept of whitelisting, where brands use a creator's content for advertising, is discussed as a negotiable term. Julian highlights the rise of morals clauses, which allow brands to distance themselves from creators who engage in controversial behavior.

52:56 Emerging Legal Issues in the Creator Economy

Julian discusses emerging legal issues in the creator economy, such as defamation suits arising from influencer disputes. He highlights the ethical implications of using legal threats to silence creators, equating it to censorship. Julian emphasizes the power and prevalence of social media, despite its negative impact on mental health. He advises creators to be proactive in protecting their intellectual property and staying informed about legal developments.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

Alex D. Pappas Associate
Hunton Andrews Kurth LLP

Alex counsels clients on all aspects of insurance coverage. He guides them in obtaining appropriate coverage and resolving disputes over coverage, including in litigation and arbitration. Before joining Hunton Andrews Kurth LLP, Alex served as a law clerk to the Honorable Charles P. Kocoras of the US District Court for the Northern District of Illinois. He was also an attorney in the New York office of a major international law firm where he focused on insurance and complex commercial matters in courts and tribunals across the country. Read More ›

Ebony S. Morris Associate Attorney
Foley & Mansfield PLLP

Ebony S. Morris, an attorney in Foley Mansfield’s New Orleans office, regularly handles general liability defense, workers' compensation, mass tort and product liability, and premises liability matters. Her clients, which include educational institutions, Fortune 100 and 500 corporations, insurance companies, small businesses, and individuals, trust her to successfully resolve matters which arise during business. Ebony has extensive experience in fact and expert witness discovery, motion practice, settlement, and mediation. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Earn Credit Until: June 30, 2026

This presentation is approved for one hour of General CLE credit in California.
This presentation is approved for one hour of General CLE credit in California from 2026-07-01 to 2028-06-30.

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