Episode 418: How Brands Legally Steal Your Content
Released June 3, 2025 | The Think Media Podcast
Hosts:
Sean Cannell from Think Media
Guest: Tyler Chow, Creator’s Attorney
Introduction: The Hidden Dangers of Brand Deals
In this pivotal episode of The Think Media Podcast, host Sean Cannell delves into the precarious landscape of brand deals and sponsorships for content creators. Joining him is Tyler Chow, a seasoned creator’s attorney with a rich background in Hollywood, having spent 15 years at Disney, Skydance, and major law firms before dedicating her practice exclusively to representing creators.
Sean sets the stage by highlighting both the lucrative opportunities and the significant pitfalls associated with brand collaborations. He paints a vivid picture: “Imagine you spend weeks crafting the perfect sponsored video... only to find out months later that the brand has repurposed your content into ads everywhere without additional payment” (00:00).
1. Perpetual Royalty-Free Usage Rights
One of the foremost issues discussed is the perpetual royalty-free usage rights often embedded in brand contracts. Tyler emphasizes the gravity of this clause: “Brands are literally saying to a creator, 'I’m going to pay you $500... and I get to use it on my own platforms forever, and I never have to pay you another dime'” (02:30). She advises creators to negotiate usage periods, such as limiting the brand’s use of content to three, six months, or a year, potentially securing additional payments for extended usage. Sean adds practical tips, urging creators to watch for terms like "perpetual" and "worldwide," which can allow brands to exploit content indefinitely and globally without fair compensation (04:46).
Notable Quote:
“You can negotiate that. They can say, well, no, you get to use it for three months or six months or a year...” — Tyler Chow (02:30)
2. Full Ownership Transfer Contracts
The discussion moves to full ownership transfer contracts, where creators may inadvertently relinquish all rights to their content. Sean illustrates the issue with an example of a travel creator losing ownership of their videos after collaborating with a tourism board. Tyler categorizes such clauses as "very aggressive and predatory," urging creators to assert ownership of their content and limit brand rights to specific usage periods (13:23). She stresses that everything in a contract should be negotiable and warns against signing contracts that heavily favor brands without ensuring creators retain their intellectual property (14:49).
Notable Quote:
“Don't ever just sign a contract when you get it from the brand. The brands know that their agreement is very aggressive and positive for them, but not for the creator.” — Tyler Chow (14:49)
3. Exclusivity Without Fair Compensation
Exclusivity clauses can severely limit a creator’s ability to work with other brands, often without adequate compensation. Sean presents a scenario where a tech creator agrees to a 12-month exclusivity deal for $5,000, inadvertently turning down opportunities worth over $30,000 (19:14). Tyler recommends negotiating the duration of exclusivity and ensuring that if a brand demands exclusivity, they compensate fairly. She suggests setting clear boundaries, such as limiting exclusivity to 30 days or three months, and negotiating higher fees for extended exclusivity periods (22:23).
Notable Quote:
“It's like, no, it's not really that and it's probably not even them. It's they’ve hired somebody that has just written the contract totally in their favor.” — Sean Cannell (16:37)
4. Vague Usage Rights
Vague or ambiguous usage rights can lead to unexpected and potentially harmful uses of a creator’s content. Sean shares an example where a cooking creator’s content appeared on product packaging without consent, resulting in lost licensing opportunities (23:02). Tyler advises creators to seek clarity in contracts, ensuring that terms specify exactly how and where content can be used. She underscores the importance of asking brands to detail their intended usage explicitly, thereby avoiding broad interpretations that can exploit the creator’s work (24:20).
Notable Quote:
“Anything you don't understand in a contract now, here's the thing, right?... You need to clarify everything, right?” — Tyler Chow (26:39)
Additional Legal Concerns: Indemnification and Approval Rights
Beyond the primary four issues, Sean and Tyler explore other critical contract elements:
-
Indemnification Clauses: Typically one-sided to protect the brand, these clauses can unjustly place the burden of legal fees on creators. Tyler recommends negotiating for mutual indemnity and caps on liability to protect creators from exorbitant legal costs (27:25).
-
Approval Rights Over Edits: Brands may reserve the right to alter a creator’s content post-submission, potentially distorting the original message. Tyler advises limiting the number of permissible edits and retaining the final approval to maintain content integrity (29:38).
Notable Quote:
“If you're going to force, they have to pay, but limiting rounds of changes is crucial to prevent scope creep.” — Tyler Chow (30:58)
Moral Rights and Reputation Clauses
Sean introduces the concept of moral rights or reputation clauses, which allow creators to dissociate from brands that later engage in unethical behavior. Tyler highlights the importance of including mutual morals clauses to enable creators to remove or edit sponsored content if a brand’s actions tarnish their reputation (35:36).
Notable Quote:
“You should be able to cut out sponsored content in your video and you need to make sure that that is in your contract.” — Tyler Chow (35:36)
Payment Terms and Financial Protections
Delayed or unclear payment terms can severely impact a creator’s cash flow. Sean discusses the dangers of contracts with extended payment timelines like net 90, which can leave creators waiting months for compensation. Tyler advocates for upfront payments or shorter payment terms (e.g., net 30) and suggests including late payment penalties to ensure timely payments (39:58).
Notable Quote:
“You shouldn't have to hire an attorney like me to go get your brand deal dollars. Brands should just know better.” — Tyler Chow (42:00)
Optimistic Outlook: The Growing Creator Economy
Despite the challenges, Sean and Tyler maintain an optimistic view of the burgeoning creator economy. Tyler underscores the exponential growth, citing a Goldman Sachs research paper predicting that the creator economy will double from a $250 billion TAM to a half a trillion-dollar industry by 2027. She highlights the strategic value of creators, noting major brands and funds investing heavily in influencer marketing. Tyler believes that creators with dedicated and loyal audiences, even micro and nano influencers, can secure substantial opportunities and revenue streams.
Notable Quote:
“You are a founder of a very, potentially very successful startup. And your YouTube channel is the marketing arm of your business.” — Tyler Chow (38:16)
Conclusion: Empowering Creators for Long-Term Success
Sean wraps up the episode by emphasizing the importance of understanding and negotiating contract terms to protect and sustain creators’ businesses. He encourages listeners to connect with Tyler for further legal guidance and to join her upcoming creator legal community for ongoing support. The episode closes on a high note, celebrating the immense potential and future of the creator economy while equipping creators with the knowledge to navigate its complexities safely.
Connect with Tyler Chow:
- YouTube: Tyler Chow - The Creator's Attorney
- LinkedIn: Tyler Chow
- Creator Legal Community: Join the Waitlist
Additional Resources Mentioned:
- Free YouTube Strategy Class: thinkmasterclass.com
- YouTube Secrets Book Offer: ytsecrets.com
If you found value in this episode, don’t forget to subscribe, rate, share, and review The Think Media Podcast wherever you listen or watch. Stay tuned for more insights to grow and protect your YouTube channel and online presence!