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You Signed A Brand Deal, And Your Face Away

Season #12

 I received an unsolicited email about buying the raw audio files to my show. Looking at the terms, It looked like the audio would be used to train AI, and so the length of usage was forever.  I ultimately decided not to do it because it felt like I would give up something I didn't understand.  

But in the back of my head I wondered if I was giving up on a huge opportunity for my business. Maybe you've had something similar happen to you?

This kind of situation is exactly what my guest today helps creators work through. You are the ultimate input, but you can't go it alone. Sometimes you need a lawyer on your team to help you feel confident about a contract.
 
In this episode, you'll learn the top three things a lawyer will check before you sign.

Topics discussed:

  • The clause named after Bethenny Frankel, and why reality TV contracts favor the production company
  • Contracts are negotiable, preferably before you sign
  • Three things to find before you sign: how long, where, and when you get paid
  • Likeness vs. content rights, and the language that outlives the campaign
  • Copyright vs. trademark in plain language
  • How a brand deal gets negotiated: draft, redline, execution version
  • Who owns the work when you hire an editor, VA, or photographer
  • Why an LLC protects your personal assets
  • Register the trademark before the name gets known
  • Your content as a catalog, and why YouTube channels are being bought
  • A team in your corner, and percentage-based fees
  • The 5, 10, 20-year plan as a filter for saying no
  • The mistakes she sees most: broad exclusivity, vague payment terms, payment on the brand's approval
  • Get it in writing, even if it's an email

Madeline Schmidt, Esq. is the founding partner of Schmidt Law LLC, a social media and entertainment law firm in New York. She represents influencers, media personalities, and digital-forward talent agencies on brand deals, contract disputes, IP protection, and crisis management.

Madeline's website: madelineschmidtlaw.com
Instagram / TikTok / X: @legaliista

This episode is general information, not legal advice. Talk to your own attorney about your situation.

→ Make your AI sound like you, not like everyone else's AI. Free 30-minute setup: shawnbuttner.com/voiceprint
→ Want your voice, workflow, and confidence clear before you talk to your team about the next deal?? Book a Creator Diagnostic: shawnbuttner.com/clarity-call

Input/Output is the creator system for experts: people who built a track record in another career and are now turning that into a creator business. Hosted by Shawn Buttner, certified high performance coach. The premise is simple. You are the ultimate input into your creator system. Get yourself clear, and the tools, team, and content follow.

This episode is about creator business growth, creator confidence, and protecting your likeness in brand deals.

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Chapters

0:00 The AI company that wanted my raw audio
1:51 Your face is not your content
2:45 Meet Madeline Schmidt
3:27 Show Intro
3:54 When creators call a lawyer too late
5:34 The Bethenny Frankel clause
7:41 Can you renegotiate a bad deal?
9:41 Three things to find before you sign
11:08 Voice: likeness vs. content rights
14:28 Copyright, trademark, and your own music
16:57 Workflow: how a brand deal gets negotiated
18:52 Who owns what your editor makes
21:26 LLCs, trademarks, and your content catalog
25:47 Confidence: what a legal team changes
28:40 Saying no with a 5, 10, 20-year plan
31:24 The mistakes she sees most
34:17 One thing to do before you post
35:43 You are an entertainer
37:27 Wrap-up