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 08, 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.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: December 7, 2025

South Carolina CLE

Status: Approved

Credits: 1.00 General

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 General

Earn Credit Until: November 30, 2025

This presentation is approved for one hour of General CLE credit in California, South Carolina (all levels), and North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours.

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Speaker

Julian Sarafian Attorney
For Creators by Creators PC

Julian Sarafian is a lawyer and content creator. His law firm - For Creators by Creators PC - is the premiere law firm focused on representing content creators and social media influencers. As a content creator himself, Julian produces videos and blog posts related to the legal profession, law, and mental health on TikTok, YouTube, LinkedIn, and Instagram, where his cumulative following is nearly 350,000. He has written and published op-ed pieces in The American Lawyer, Law360, Business Insider, Bloomberg Law, and CNBC. His advocacy for mental health has been covered by the New York Times and Bloomberg Law.