Carve-Out Clauses in Brand Deals: How Creators Protect Their IP
In the context of content creators, a carve-out is designed to safeguard their intellectual property rights and ensure their legal interests are protected.
Carve Out
/kärvout/ (n.)
A specific provision or clause of a contract that exempts certain rights or conditions from the general terms.The specific language and details of the carve-out will depend on the nature of the agreement and the parties involved.
To protect their intellectual property, you could include carve-out provisions in your contract, such as:
1. Ownership of Intellectual Property
The carve-out clause could clearly state that the content creator retains full ownership of the intellectual property rights associated with their videos. This means that even though they are utilizing the streaming platform's services, the platform cannot claim ownership or exploit the creator's work without their explicit consent.
2. Exclusive License
The contract could grant the streaming platform an exclusive license to distribute and display the creator's videos, but it should specify that this license is limited only to the agreed-upon platform and does not extend to other channels or mediums. This ensures that the creator maintains control over where their content is made available, protects the creator against unauthorized exploitation, and prevents the platform from sublicensing the videos without the creator’s consent.
3. Attribution and Moral Rights
The carve-out clause might emphasize the creator's right to be attributed as the author of the content and to maintain their moral rights. Moral rights include the right to integrity (preventing any alterations to the work that may harm the creator's reputation) and the right to object to any derogatory treatment of the work. These provisions safeguard the creator's reputation and artistic integrity.
4. Termination and Removal
The contract should outline the process for termination and removal of the content. The carve-out clause could grant the content creator the right to terminate the contract if the platform breaches the agreement or fails to meet certain performance standards.
Additionally, it should specify that upon termination, the platform must promptly remove the creator's videos from their service and any associated promotional materials.
5. Dispute Resolution
To protect the creator's legal interests, the carve-out clause may include provisions for resolving disputes, such as requiring mediation or arbitration instead of going to court. This can help expedite the resolution process and potentially save costs for both parties.
These are just a few types of provisions that can be included in a carve-out clause to protect content creators' legal interests and intellectual property rights.
As an influencer, your content is the whole reason you’re getting brand deals in the first place! So, protect it and it’s value.
If it’s not in the contract, it’s fair game.
It is always recommended for content creators to consult with a legal professional in your jurisdiction that’s familiar with intellectual property law to help tailor carve-out provisions to their specific needs and ensure their rights are adequately protected in their creator contracts with brands.Read these next
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Whether you’re an established influencer or an emerging creator, Diverge is here to help you focus on what you do best, while we take care of the legal complexities.
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Important Notice: The information in this article is provided for general informational purposes only and is not intended as legal advice. Reading this content does not create a lawyer-client relationship. Always seek professional legal counsel tailored to your specific situation. No part of this article may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature, without the express written permission of Diverge Legal.
