In the fast-paced world of content creation, legal details can often be overlooked. But knowing what lies within those pages can make or break your next big opportunity. Let's dive into three important clauses that every content creator should be aware of, and how to handle them.
#1 In Perpetuity Clause:
What It Means: This clause can bind you to an ongoing commitment with a brand without an end date.
Why It’s Tricky: An In Perpetuity Clause may allow a brand to use your likeness to promote their products forever, long after a campaign has concluded, without compensation.
Protection: Review your contract terms carefully for any In Perpetuity Clauses. Where possible, negotiate terms to include a specific time frame, or conditions that must be met for a contract to continue.
#2 Long Exclusivity Clause:
What It Means: This clause restricts you from engaging with a brand's competitors for a certain time.
Why It’s Tricky: Long exclusivity clauses can dramatically reduce your options for collaboration and potential revenue streams.
Protection: Be clear on the definition of "competitor" and the duration of exclusivity. Exclusivity clauses can range from months to years, so choose your brand partners carefully.
#3 Liability Clauses:
What It Means: This type of clause can make you liable for damages related to the brand (e.g. their publicity).
Why It’s Tricky: Any comment or criticism from a creator about a company they work with may be construed as damaging to the company’s brand.
Protection: Clarify the specific scenarios in which you could be held liable. Ensure that the agreement is fair and does not compromise your integrity as a creator.
Conclusion
Navigating contract clauses doesn't have to be a daunting task. Understanding what these clauses mean, recognizing why they can be problematic, and knowing how to protect yourself are key steps in maintaining your creative freedom.
We’ve created Ask Atticus to help everyday folks better understand their legal contracts. We use the power of AI to analyze your contracts, and raise potential red flags. Being informed is empowering, and it ensures that your creativity thrives without unnecessary legal constraints.