Content Creators need Attorneys and there are many reasons why. Here are five main things that could go wrong if Content Creators don’t have attorneys while signing Service Agreements or Brand Deals.

You may be signing away rights in these contracts and service agreements or assuming liabilities without knowing. Some terms may seem like they don’t mean much, but they could come back to bite you if you are not careful. Lawyers spend years learning and thinking about the many different scenarios in which a contract can go wrong and then ensure to craft the contract or agreement to ensure the client is protected.

Five things that can go wrong if Content Creators don’t have an attorney for their Service Contracts and Agreements with Brands and Companies.

1. Your usage rights may not be protected. You should always own the content you create. However, certain verbiage in the contract could take away your ability to own all right, title and interest in the content and deliverables that you create.
2. Certain terms in the contract need to be mutual, however, brands almost never have these in their contracts. It takes a trained legal mind to recognize what these terms are and demand that they become mutual. The most basic of these terms are “Confidentiality” and “Disparagement” clauses. You could be in a lot of trouble for violating these clauses. However, you will have no recourse against the brand, company or their agents, employees and representatives if they expose contract terms and proprietary information about you or disparage you.
3. You or your agent are not well versed in special nuances of the law. Sometimes, unwilling to spend the money on an attorney, you or your agent may read the contract yourself. However, certain terms like, “Indemnification,” and “Limitation of Liability,” among others, are unknown to the non-lawyer. You or your agent may think that these clauses are meaningless, however, in the event that issues arise, you may be forced to compensate third parties yourself as a result of poorly worded, weak contracts.
4. Choice of Law in contracts is very important. Where you live and where you carry out your services are important factors in constructing “Choice of Law” clauses. If you don’t have the proper choice of law clause, you may be forced to defend yourself against the company or brand using the laws of another state or, even country. Sometimes brands and companies specifically choose certain states that are sympathetic towards the brand/company as opposed to you, the Content Creator.
5. Termination clauses are one of the most important clauses that need to be properly constructed. Content Creators need to have a way to terminate the contract in case of breach by the brand/company. You also need to ensure that in case the brand/company terminates for no reason or for any reason, then you hav an avenue for payment. You could stand to lose some or all of your compensation if termination clauses are not airtight and full proof.

At Arutyunyan & Associates, we have years of experience in constructing Service Agreements and Brand Deals. Our contracts are meticulously crafted to ensure that our Client (the Content Creator) is fully protected. Brands and Companies love when the Content Creator is not represented. It makes their job easier as there is no negotiation of their stringent and one-sided terms and no pushback of their harsh clauses. However, this can prove to be detrimental to the Content Creator in the long run.

If you have any questions regarding your Brand Deal or Service Contract, don’t hesitate to reach out to Arutyunyan & Associates, Inc. You may either email us at [email protected] or call us at (818) 291-6440.