3 Big Reasons Why Creators Need to Lawyer Up
In the era of stitching videos and recreating challenge videos, ownership or authorship is a blurry concept. But we creators, at times, can forget how important it is to have knowledge of what you own and find out the best way to protect it. While conversing with Priyanka Khimani, who has represented the biggest names in the entertainment industry, I realized that we need to be much more careful of our intellectual property (IP) as content creators. This will not only ensure that our work sustains its value but also protect our whole industry. In case you are a creator or starting to embark on this journey, here are 3 reasons why you need to lawyer up-
1. Precaution is better than cure
Asking when or why you need a lawyer is similar to asking when should you see a dentist. The simple answer is you need a lawyer for that one bad day that might dawn upon you. It’s more of a necessary protective measure than something you will use daily. There have been many cases of people losing their rights to their work just because they didn’t have their ownership documented. In case there is an infringement, you will have to prove that you are the owner/creator of the intellectual property. Failure to prove which, you will most likely lose credibility for that piece of work. Having a trusted lawyer who can guide you to avoid these mistakes ensures that you get your worth if this day ever comes.
2. Escape fraudulent investment
We see so many kind-hearted established people invest in companies of their friends or trusted people and eventually get backstabbed. As a creator, you are anyway liable for a lot of things. Now, say, if you become the ‘face of the company’, or you are the ‘Director’ or a new venture, you are automatically liable for a lot of things that you might not have the time for. A lawyer with your best interest in mind will advise you on the investments you should or shouldn’t take up. Another mistake people make is thinking that being a CEO or Director of a company automatically means they are shareholders. These processes are far more complex than that, if you are indeed a shareholder, it needs to be stated so in official documents. Remember that owning comes with documentation. And as a shareholder, you are part owner.
3. Understand how IP works
Since the content creation industry is somewhat dysregulated, it’s difficult for a layperson to know what classifies as intellectual property or IP. If there is confusion regarding what is it exactly you own, it’s impossible to figure out the next action step in case of infringement. For example, the conversations I have on my podcast, I own them technically! Now, I don’t mind when people clip and share bits from my content. But you might have different prerogatives. You might be not okay with someone using your brand name and value to build a platform for themselves. In that case, a lawyer will help you figure out a course of action where you first recognize the infringement, communicate it to the other person in question, and walk on a corrective course and file a report first. Whether you should ask them to take down your content or just give you credit- your lawyer will help you sort it all out.
If you are not protecting your IP from day one, sad news, no one is. Get a good lawyer who understands the industry and its intricacies well. We have immense competition in this industry at the moment. And as artists or creators, you need to value the very thing you create.
Check out the whole conversation here, and share it with all your friends.
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