The Legal Implications of Content Marketing
Content marketing is now an integral part of most businesses. Whether done through blog posts, social media, or video, companies which produce unique, timely, and useful content better engage both current and potential customers. But, as with any business activity, content marketing comes with unique legal implications. Here are five key content marketing legal issues to help you and your business:
Only publish content you have the rights to use: It is illegal to use (i.e. copy & paste a picture or paragraph) someone else’s content onto your site without permission. You do not have the rights to use someone else’s content unless they give it to you, you purchase them, or the content is in public domain. To obtain usage rights to content you will likely need a content licensing agreement.
Careful what pictures you use: While it’s easy to search the Internet for images to use in your content, that is an easy way to get sued. Most professional photographers hire companies to search the Internet for unauthorized use of their work. And if they find unauthorized images on your blog or website…pretty likely you’ll receive a demand letter asking for payment far exceeding the cost to get the content rights upfront. Just make sure you have the right to use any images used in your content – here are a number of sites that offer high-quality images and are public domain: Shutterstock, Pexels, Unsplash, Istockphoto.
Follow Creative Commons license requirements: Creative Commons licensed content can be a great source of material for your content marketing plans. But only if you follow the license requirements properly. Creative Commons licenses are granted provided that you follow the terms of that license. If you don’t follow the terms, you could be found liable for violating the terms of the license requirement. -à expand more on value of this
Obtain rights from contractors or freelancers: Businesses in all stages, startup to large corporations, engage freelancers and contractors for work…including content marketing. But if not done right, freelancers can raise big content marketing legal issues because contractors and freelancers personally own the rights to the work they produce for you. That’s why it’s crucial to get an assignment of rights or a proper license to the work that they produce (hyperlink to contract). And ya, work for hire agreements make sense in some scenarios, but they are not always the solution. work for hire agreements make sense in some scenarios, but they are not always the solution.
Follow FTC guidelines on endorsements: Content marketing often contains sponsored content or other endorsements. While influencer marketing can help brands strengthen their image, expand their customer base, and raise their bottom line, their bottom line, the Federal Trade Commission has set forth guidelines on influencer marketing and other types of sponsored content that any content marketer should read.
PLEASE PROACTIVELY ADDRESS CONTENT MARKETING LEGAL ISSUES
This is certainly not an exhaustive list of common legal issues faced by content marketers, so be aware different issues may arise during the course of your work. So talk to an attorney and make sure nothing you do as part of your content marketing efforts generates legal liability and stress (financially or mentally).