Podcast

Ethan

Welcome to the social media law cast. I am your host social media attorney Ethan Wall and with me is my friend and co-host Shawn DePasquale.

Shawn

Ethan I don't have time for pleasantries. I've got some very important meetings to to to attend. We've got to do this quickly now I understand that I've given you a lot of time constraints. Needless to say I need your absolute favorite and best. 3 tips for creators and influencers that are starting out. We don't have a ton of time I cannot stress that enough so you need to take charge here and you I normally I know I kind of like lead things along what are your your tips I won't ask too many questions in between them. What are your tit are you are you prepared to do this.

Ethan

I feel like you're doc from back to the future right now and I am Marty just like cool. Let's jump in the delorean let's go um all right? so.

Shawn

All right? Well so then in that case I now officially present to you Ethan walls tips for creators and influencers.

Ethan

This will now officially be my favorite episode. We've ever done because of that sound bike but whatever we're short on time. Ah, what's the first step if you're an influencer or creator and you want to be doing this to make a living then you should be running your accounts like you're running a business. One of the biggest mistakes.

Shawn

You.

Shawn

E.

Ethan

I see people have gigantic followings. They want to partner with brands. But they're kind of just relying on the fact that they've got a bunch of followers and that they're creative but they don't have they don't take the mindset of this is a business I should have a company I should have contracts so they're not set up. Legally to protect themselves when things go wrong and when big brands come to them. They're just not set up and they're not ready to actually work for these big campaigns because they're not running their accounts like they're running a business.

Shawn

So At what point does a start look you start with nothing. Do you start out of the gate without even knowing you're going to have any success. Do you put all this time and effort and money into making it a business or do you just start making videos. Or when do you know.

Ethan

Yeah, it's hard to say there's no black and white line. But yes, you're right on the 1 hand that to have the idea that I want to be a popular influencer or creator and then spend thousands of dollars hiring lawyers creating companies opening bank accounts that sounds a little bit silly. Um, however, going too far down the line and you're now having to kind of redo what you've done before you have to scramble when that brand comes to you and says what's the name of your business review this contract you're not set up. You don't know what to do? So it's kind of just like any business is you kind of see.

Shawn

Oh.

Ethan

Does this thing have legs is it going to be successful have I built a big following have I invested time and energy and like buying a camera getting video equipment. Do I want tax credits for that like I'm going to need to have a business have I worked with a brand or two have I started to get some deals now I know. Okay.

Shawn

Um.

Ethan

This thing's growing this thing's going to be happening for me now I should run it like a business and really what that kind of means is setting up a simple lllc having a company like Sean Depa squaly creator lllc or funny vids Los Angeles lllc it doesn't matter. But having a company having a bank account for your company and having a basic legal contract or basic strategy of who you're gonna go to is really what's separates I'm popular on the internet and make cool videos and. I'm a creator that brands and other people should part with and I'm established and I'm ready to handle these Baker contracts.

Shawn

Interesting. That's I think that's a fair answer to the question and I think it's good guidance to people starting out influencers creators. Um, who are in that onshore stage because that's the hardest part right in the beginning is like Well. Do I protect Myself. Do I Hire a lawyer even though I'm not making any money that that that's that's tough. Um, so I think that was really solid sound advice. Um, aside from starting the L Lc Um, ah, is there any other like early steps for under the banner of Treat. Treat this like a business.

Ethan

Yes, and I'll kind of give it as tip 2 and I'll bring it together and that is sign a contract or have a basic influential or creator or services contract because that again kind of separates you just as a popular person on the internet and you as a business Now. Why is it important to kind of lump into the beginning stuff of what you need when you do business with somebody. Let's say you and I wanted to do business and you wanted to hire me as a creator for your brand and we can make it whoop. Wow.

Shawn

I wouldn't I mean honestly I don't like your work ethic. No I'm just kidding I'm just kidding. You're You're an obsessive worker. You make me look like the laziest person on the planet. You're hired.

Ethan

Think yeah, you know.

Shawn

You're hired but market my brand.

Ethan

Okay, yeah, excuse me for a second while I go hex to my therapist. Thank you? Okay, so um, so when we do business we can make a deal via a Dm we can make a deal via tax. We can make it a handshake deal like hey.

Shawn

Right? sure.

Ethan

Create this video for me. Ah I'll pay you $500 that is a legal contract so long as both of us are understanding what the deal is the problem is it's a shitty contract because when I make the video and you don't pay and you're like aha see you later sucker. Didn't like the video it didn't meet my expectations. It wasn't long enough. It didn't do what you wanted to do and I want to do something about it then I'm gonna have to sue you am I gonna sue you over $500 how am I gonna prove that deal unless it's written down somewhere and so having a company.

Shawn

The.

Shawn

Um, yeah.

Ethan

And having a contract is really important because let's now say that that the situation is reversed all right I hired you for $500 to make a video for me, you made the video I didn't pay what happens you consume me personally meaning you can Sue Ethan wall

Shawn

Yeah.

Ethan

Because I don't have a company that I'm doing business under so you can come after my personal assets and there's no contract. So literally you can go after my house my car my Nintendo whatever you can really shake me down and ruin my life because I'm doing business as what's called a sole proprietor. And you're coming after me. But once you have a company that's set up correctly like an llc which cost a few hundred bucks to set up now you have insulated or separated yourself from liability if the deal goes bad. They can only come after the assets of the business if there's only twenty bucks in the bank account. You can be like hey look go after my twenty bucks you know I'm sorry, let's work this out but there's really nothing there and having a contract is going to set forth what the terms of the deal are so that your expectations in terms of creating this video is spelled out and it also can resolve how do disputes get resolved because it might say look you can't sue me the contract says we've got to try to work it out. And if not, we've got to go to a mediator or something to be able to resolve it so having a contract having a company at the outset to smart legal tips.

Shawn

Yeah I can actually ah ah because we're we're doing great on time we're already on tip number 2 out of 3 um I can actually give a ah quick anecdote that backs up where the easthan is saying now this. Happened to me but I was on the hey I'm owed money side. Okay and the person who owed me money was a gentleman who hired me for services but lettering services. Um I did the work I lettered the thing I sent him the thing. Okay now pay me my money. He did not. This went back and forth for like two months so I finally enlisted an attorney and the attorney said to him look man you you don't even have a business you just hired this person so we will come after your wages and your house and your car and all this stuff. Over like under $5000 we're talking about so figure out a payment plan and pay my client point being had that guy had a business even spent one hundred two hundred three hundred even on just having an lllc as you're saying. He would have been able to say hey man I don't make any money with this thing like I'm sorry that I hired you and didn't have any money to pay you out of my business but like it is what it is the business hired you and the businesses broke. You know, um.

Shawn

And that at least would have saved his ass. It would have made it more difficult for me. Obviously I mean I you know I was glad to have the leverage. Um, but you know yeah, it would have certainly protected him.

Ethan

So regardless of the side of the deal that you're on. We're not saying go out and screw people by creating a company and having no assets. That's just dumb you know, But what it what it does mean is it's also not smart from a business perspective to be doing business as yourself. Even if.

Shawn

No yeah.

Ethan

The sole purpose of the company is me as a creator making popular fun swimsuit cool music videos. Whatever it is that they are having a company and it could be my you know Ethan Wall lllc Shan Depasquali lllc

Shawn

Here.

Shawn

Go ahead.

Ethan

Usually you can create an llc online. It's super quick in Florida cost you about one hundred and fifty bucks to set this up. You hired our law firm cost you about $500 for us to do all the paperwork for you. Plus the government's filing fee to set this up. So it's not that expensive and it's just good business to do it and then you gotta create a bank account.

Shawn

Um, yeah.

Ethan

For your business or else. The business is a shell company and it can you can get past it from a liability perspective but really creating a company having your core vision.

Shawn

Let's let's save that for our episode on how to hide money in shell corporations that'll be for a future episode stay tuned Folks. We will eventually get to it the perfect plan for hiding all of your embezzled or so and or stolen and or drug monies. Um, but for now we're talking about. Ah, what do you mean?? no.

Ethan

Um, not a future episode Anyway, No no I mean we could talk about it but now no, don't do it but but listen for future episodes In case, we do talk hypothetically.

Shawn

Thank oh you, you're right? You're right? Okay tip number 3 what have you got.

Ethan

About it. Okay, this time time. There's only 4 minutes left for whatever you have all right? Ah, you got to if you are a content creator or an influencer your value to other people is your content and your profiles so you better protect that content because. Once you get popular people are going to steal it and if you don't protect your content.. There's not much you can do when people steal it. So this.

Shawn

So like water markings is that what you're talking about like watermarking the videos. Okay.

Ethan

That's part of it. So there's really kind of 2 aspects. There's there's trademarks and there's copyrights and so if you have a brand. Let's call it like the I don't know the swizzles stick creator and you're really good at promoting different types of straws. That's your thing. Um.

Shawn

To him.

Ethan

Trademarking that so that when other people start creating fake accounts for the swizzle stickk creator. You can get those accounts taken down if you don't have a trademark. You're not going to be able to get them taken down. Somebody else can create an account using your name. There's not much you can do about it second aspect copyright.

Shawn

No.

Ethan

You can protect a whole bunch of photos and videos up to 750 photos in a single copyright application up to 10 videos in a single copyright application. So copywriting it's the best but as a new creator that's gonna be expensive.

Shawn

Nay.

Shawn

Yeah.

Ethan

Potentially it's few hundred dollars if you do it yourself less than a thousand bucks if you do it with a lawyer so doing things like watermarking your content ah having your content owned by your company.

Shawn

Oh.

Ethan

Is also good because now it's a business asset and your business can go after these people so there's reasonable steps at the outset like a watermark and then as you start making money you're having close to hundreds of thousands of followers. Your content's valuable to you now you got to take the next step.

Shawn

Interesting.

Ethan

And copyright your content so that when someone steals it you can either a send a takedown notice to the social media sites or b have a lawyer write a legal demand letter say my client has a copyright you owe him at least $7500 because you have removed his watermark and put it on your profile I can walk into court tomorrow.

Shawn

Man.

Ethan

And win this case quickly so settle this take it down pay my client money and we can move on but without protecting your content. You don't have legal good legal remedies.

Shawn

That's a great that that last tip is really really, really strong I actually have a lot of artist friends who I will share this episode with who have gone through a similar experience where they're posting their art weekly on Instagram and then all of a sudden their art ends up getting shared by ah, an account with. Quadruple the views but their water tag is missing and and their watermark is missing and their profile name is cropped out of the image and and and now their art is just out there getting views for this other person. Um, and I don't know that any of my friends ah have considered.

Shawn

Red you know, considering their art as a business and making a business and then considering that as business assets. So this is great. We are right on time. We unfortunately don't have any more time for any tips this week that ends the segment Ethan gives you tips for creators and influencers. We'll play the closing up theme.

Ethan

Follow the social media law cast for more social media law tips news for creators, entrepreneurs and small businesses and for more other tips follow us on social media by looking for the social media law firm. Oh my god I don't know if you hear that Sean but the helicopters are coming. We have to go this was great. Some yeah goodbye.

Shawn

Nope, It's time that goodbye.