Intellectual Property and Freedom of Speech Concerns for YouTubers

If you have a YouTube channel, you are running an entertainment business. All entertainment businesses should be concerned about their intellectual property and the freedom of speech. If you currently or plan to operate a YouTube channel, here is a brief summary of some IP and first amendment issues of which you should be aware: 

Copyright
As soon as you create a video and publish it on YouTube, you (or whatever entity you have formed) own the video’s copyright. You can reproduce it, license it, and exercise any right allowed by copyright law. If you ever need to sue for copyright infringement, you cannot do so unless the video is registered with the Copyright Office. And if you timely register your videos, you could recover statutory damages and attorney’s fees in your lawsuit.

Trademark
Your YouTube name is essentially a trademark. It’s used in association with a service (entertainment usually) and goods (if you sell merchandise with that name). Furthermore, any slogans you create on your channel could be potentially registered for a federal trademark. 

Why should you federally register a mark that you currently use or intend to use? You get a lot of great benefits. One benefit is that registration gives notice to others nationwide that you are claiming ownership of the trademark. Another is that registration could be used to file for trademark registration in other countries.
 
Right of Publicity
If you discuss other people in your videos, the right of publicity comes into play.  If you ever want to use the identity of any person for commercial purposes, you should get their permission. 
 
These are just a few issues about which YouTubers should be concerned. If you want to start a YouTube channel or have questions about intellectual property law or the right of publicity, contact us here

Image: YouTube logo by Rego Korosi (licensed under CC License 2.0