Legal Tips for Creators Protecting and Profiting From Your Work Mitch Jackson, Esq.

Introduction to Legal Tips for Creators

Creativity is a spark, an instinct, a drive. Whether you’re sketching on a napkin, building dazzling digital landscapes in the metaverse, or writing songs that make people cry in their cars, your work is a reflection of your soul. But here’s the hard truth: in a world buzzing with content, your creative brilliance is only as safe as the legal walls you build around it.

That’s where this book comes in.

If you’re a creator—whether you’re a writer, artist, filmmaker, musician, web3, metaverse builder, or someone dreaming up the next big thing—you’ve likely had that gut-check moment. You know the one. Maybe it’s hearing about a friend who lost control of their work. Maybe it’s a nagging question about copyright law you never had time to Google. Or maybe it’s just that creeping suspicion that your Terms of Service clickfest might’ve signed away more than you realized.

So, let’s stop the guessing.

This book is your roadmap—clear, practical, and (dare I

Introduction 983 words

Other Books

📚 AI in Law- Revolutionizing Your Legal Practice with Innovative Strategies and Tools

📚 Mastering The Art of Negotiation- Insider Secrets for Business Owners, Entrepreneurs, and Professionals

📚 How to Create AI, Web3, and Metaverse Branding and Licensing Opportunities

📚 Power Moves- Battle-Tested Strategies From The Business Trenches

📚 The Mediator's Handbook: Turning Conflict into Collaboration

📚 Legal Tips for Creators

📚 From Courtroom to Boardroom: A Trial Lawyer's Guide to Winning Negotiations!

📚

Other Books 148 words

Disclaimer and Copyright

Disclaimer

This publication does not provide professional advice including legal, financial, tax or investment advice. Always do your due diligence and consult with an experienced professional in your state, region or country.

Copyright

Pursuant to applicable state, federal and international laws, no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, including on web2, web3 and metaverse platforms, except as permitted under Section 107 or 108 of the 1976 United States Copyright Act, and all amendments thereto, without either the prior written permission of the publisher or authors.

Disclaimer and Copyright 127 words

Talk To My AI

Screenshot 2024-12-13 at 9.06.48 AM.png

Do a deep dive on the concepts, approaches and ideas shared in this book. My team has uploaded decades of resources, along with the content of all my books, including this one, into the AI.

You can ask my AI anything you want about the concepts shared in this book—type your questions or even start a voice conversation. Want follow-ups? Go for it. The only real limit? Your imagination.

Click here to talk to my AI Agent to do your own personal and unique deep dive.

Mitch Jackson | links

Talk To My AI 105 words

Protecting Your Passion: Why Creators Should Do Business as a Legal Entity

Let’s talk about something that could save your creative career and maybe even your sanity: legal entities. Boring? Maybe. Important? Absolutely. If you’re a writer, artist, musician, or any kind of creator, thinking about your work as a business might not feel natural. But the truth is, treating your art like a business is what lets you keep creating while staying safe and secure.

Here’s the thing—if you’re serious about building a sustainable creative career, doing business as a legal entity, like a corporation or limited liability company (LLC), isn’t just a good idea; it’s essential.

So, What Is a Legal Entity Anyway?

In plain terms, a legal entity is a way to separate you, the individual, from your business. Think of it like a protective bubble. Whether it’s an LLC or a corporation, it creates a clear distinction between your personal life and your professional work. That means your business is its own “person”

Chapter 1: Protecting Your Passion- Why Creators Should Do Business as a Legal Entity 1,044 words

TOS Agreements: More Than Just Fine Print

Let’s be honest—nobody curls up on the couch with a cup of coffee and a terms of service agreement. They’re long, they’re dry, and, let’s face it, they’re designed to make your eyes glaze over. But for creators—writers, artists, musicians, and digital visionaries—understanding these agreements isn’t just a good idea. It’s essential to keeping what’s yours and staying out of hot water.

What’s Really in the Fine Print?

You know that little box you check before signing up for a new platform or software? That’s the gateway to what lawyers call a TOS (terms of service) agreement. These agreements govern your legal relationship with the provider of the product or service you’re using. In plain terms, it’s their rules for how you’re allowed to use their stuff—and how they’re allowed to use yours.

Here’s the thing: whether the service is free, paid, or licensed, you’re agreeing to certain terms every time you check that box. So, what are you really agreein

Chapter 2: TOS Agreements- More Than Just Fine Print 1,059 words

Keeping What’s Yours: A Creator’s Guide to Copyright Protection

Imagine this: you’ve poured hours, maybe months, into creating something amazing—a novel, a song, a digital painting. You’re proud. You share it with the world, and people love it. But then, one day, you find your work being used without your permission. Someone’s making money off your effort, and you’re not even getting credit. Frustrating, right? That’s where copyright protection comes into play.

Here’s the thing: owning your work isn’t automatic, and assuming it is could leave you vulnerable. Let’s break it down—no jargon, just the facts you need.

First Things First: Register It or Risk It

Yes, your work is technically copyrighted the moment you create it. But—and it’s a big but—that protection is like locking your front door without deadbolting it. Sure, you’re covered to a degree, but if someone decides to bust through, you’re left scrambling. Registration is your legal deadbolt.

Think of registering your copyright lik

Chapter 3: Keeping What’s Yours- A Creator’s Guide to Copyright Protection 1,087 words

Protecting Your Creative Identity: Trademark Essentials for Every Creator

Ever poured your heart into building something—your art, your music, your writing—only to wonder if someone could just snatch it away? That’s where trademarks come in. They’re your shield, your silent bodyguard in the bustling marketplace of ideas. And honestly, if you’re serious about your craft, it’s time to get serious about protecting it.

What’s in a Name? (Spoiler: Everything)

Imagine this: you’ve spent months crafting the perfect brand name. It’s catchy, memorable, and totally you. But then, a quick search reveals someone else is already using it—or worse, they trademarked it before you did. Ouch.

Here’s the thing: a trademark isn’t just a fancy legal term. It’s your creative signature in the commercial world. It could be your name, your logo, or even a slogan. If you’re using it to sell your work, it’s worth protecting. Think of it like locking the front door of your house. You wouldn’t just leave it wide open

Chapter 4: Protecting Your Creative Identity- Trademark Essentials for Every Creator 890 words

Fair Use and Licensing: What Every Creator Should Know

Picture this: you’ve just completed a brilliant project—a blog post, a song, a video, maybe even an artwork. You’re proud, you’re pumped, and you’re ready to share it with the world. But then, out of nowhere, someone accuses you of copyright infringement. Suddenly, your pride gives way to panic. How did this happen? More importantly, how can you make sure it doesn’t happen again?

Well, buckle up, because we’re diving into the nitty-gritty of fair use and licensing—the keys to keeping your creative work both legal and hassle-free. Let’s clear up the confusion and give you the tools to protect yourself and your craft.

So, What’s the Deal with Fair Use?

Let’s start with a scenario: You’re scrolling online and find a great image that fits your article perfectly. You think, It’s just one image—surely it’s fine to use. But is it? That’s where fair use comes into play, and spoiler alert: it’s not as straightforward as you might hope.

Fair

Chapter 5: Fair Use and Licensing- What Every Creator Should Know 964 words

Contracts and Agreements: The Invisible Armor for Creators

You ever notice how trust can be a bit of a double-edged sword? It’s like lending your favorite book to a friend—you trust they’ll return it, but deep down, there’s a tiny voice asking, What if they don’t? Now, imagine that book isn’t just your weekend read but your life’s work. That’s where contracts come in—not as a sign of distrust, but as the foundation for keeping trust rock-solid.

Why You Need More Than a Handshake

Let’s get one thing clear: oral agreements can feel cozy and old-school, but they’re about as reliable as a Wi-Fi signal in the middle of nowhere. Sure, a verbal promise might seem sufficient when working with someone you trust—like a fellow artist you’ve known for years or that cousin who’s helping with your album cover—but memories fade, misunderstandings crop up, and things get messy fast.

A written contract isn’t about doubting your collaborators; it’s about protecting everyone involved. It’s like setting GPS c

Chapter 6: Contracts and Agreements- The Invisible Armor for Creators 811 words

Say It, Don’t Slay It: Navigating Defamation and Publicity Rights

Imagine pouring your heart and soul into a project—a gripping novel, a song that hits just right, or even a clever meme—only to find yourself caught in a legal firestorm because someone took offense or felt exploited. Sounds messy, doesn’t it? That’s because it is. Defamation and publicity rights are tricky waters, and if you’re not careful, they can quickly drown even the most well-meaning creators. But don’t worry—we’ve got you covered.

What’s the Big Deal About Defamation?

Here’s the thing: Defamation is more than just hurting someone’s feelings. It’s about statements—spoken or written—that damage a person’s reputation. Legally, it’s broken into two categories: slander (spoken) and libel (written). But here’s where it gets sticky—truth isn’t always a get-out-of-jail-free card. Even an honest statement can land you in hot water if it’s presented in a misleading context.

Let’s say you’re writing a tell-all book and include

Chapter 7: Say It, Don’t Slay It- Navigating Defamation and Publicity Rights 995 words

Making Cents of Royalty and Revenue Agreements: IRL, Web2, and Web3

Let’s talk about money. Whether you’re a writer pouring your soul into a novel, an artist designing digital masterpieces, or a musician hoping your beats go viral, revenue-sharing agreements are a cornerstone of creative work. But here’s the catch: mismanaging these agreements can quickly spiral into disputes that drain your energy—and your wallet.

Why? Because money has a funny way of complicating even the most straightforward partnerships. You know that old saying, “Good fences make good neighbors”? In the creative world, good contracts make good collaborators.

Dollars, Cents, and Creative Tension

Picture this: you’ve just signed a deal with a collaborator or platform. Everything feels great—handshakes, smiles, mutual promises of a brighter future. But then, payments start trickling in. Or worse, they don’t. And suddenly, you’re wondering, “Wait, how are they even calculating my cut?”

This is where many creators stumb

Chapter 8: Making Cents of Royalty and Revenue Agreements 933 words

Owning Your Work in the Digital Wild West

Have you ever posted something online, only to wonder later if it’s still really yours? Maybe it’s that short story you uploaded to a new writing platform or the digital artwork you showcased on social media. Once it’s out there, things can get murky. And the stakes? Oh, they’re higher than you might think. The way platforms handle digital distribution and ownership can make or break your rights as a creator. So, let’s talk about it—without the legalese overload.

The Fine Print You Don’t Read—But Should

We’ve all been there: scrolling through an endless Terms of Service agreement, eyes glazing over by page three. It’s tempting to click “Agree” without giving it a second thought. But here’s the kicker: buried in those walls of text are policies that could fundamentally change your relationship with your own work.

Some platforms claim non-exclusive rights to your content. That’s like lending someone your car but still being able to drive it yourself.

Chapter 9: Owning Your Work in the Digital Wild West 847 words

Protecting Your Creative Empire: Data Privacy and Security Basics for Creators

Ever felt that little twinge of panic when you hear about a massive data breach on the news? It’s not just for big corporations to worry about—protecting sensitive information is every creator’s responsibility. Whether you’re selling digital art, running an online writing course, or building virtual concert spaces, the way you handle customer and client data could mean the difference between growing your business or facing a legal nightmare. So, how do you make sure you’re not leaving yourself wide open?

Let’s talk about it. It’s easier—and more crucial—than you think.

The Basics: Why Data Privacy Matters

Here’s the thing: when someone trusts you with their information—email addresses, credit card numbers, even the tiniest details about their preferences—they’re handing over more than data. They’re giving you their confidence. Break that, and it’s not just fines or lawsuits you’ll worry about. Your reputation?

Chapter 10: Protecting Your Creative Empire- Data Privacy and Security Basics for Creators 888 words

Who Owns Your Art? Understanding Work-for-Hire Agreements

You’ve poured hours—no, days—into crafting your masterpiece. Whether it’s a captivating song, a digital work of art, or a sprawling virtual venue in the metaverse, it feels like a part of you. But here’s a question you might not have asked yourself: Do you actually own it?

Let’s talk about something that trips up more creatives than you’d think—work-for-hire agreements. They’re like the sneaky fine print you barely glance at before signing. But trust me, ignoring them can turn your creative dreams into a legal nightmare.

The Work-for-Hire Trap: It’s Not Always Yours

Let's take for example a freelance artist is commissioned to create an album cover. They deliver the work, get paid, and move on. Months later, they see their artwork printed on everything from coffee mugs to T-shirts, generating revenue they’ll never see a dime of. Why? Because they didn’t own the rights to their own creation.

Under a work-for-hire agreement, the par

Chapter 11: Who Owns Your Art? Understanding Work-for-Hire Agreements 919 words

Protecting the Soul of Your Work: A Friendly Guide to Moral Rights

You’ve poured your heart into your creation, whether it’s a painting, a novel, a piece of music, or a meticulously designed virtual space. It’s yours in every sense of the word. But what if someone takes your masterpiece, slaps their name on it, or, worse, mutilates it into something unrecognizable? That’s where moral rights come in—a safety net for your creative soul.

Wait, What Exactly Are Moral Rights?

Let’s break it down. Moral rights aren’t about morality in the sense of right or wrong; they’re about preserving the personal connection between you and your work. Think of them as your creative DNA embedded into the art itself. These rights ensure two big things: you get credit for what’s yours, and your work isn’t twisted into something you’d cringe at. Sounds fair, right?

But here’s the kicker: these rights aren’t universal. Depending on where you are, the rules can range from protective parent to absent guardian. Europ

Chapter 12: Protecting the Soul of Your Work- A Friendly Guide to Moral Rights 870 words

Taxes, Financial Planning, and Safeguarding Your Creative Legacy

You know what they say about death and taxes—two certainties in life, but only one of them comes with a deadline every April. For creators like you, juggling projects, deadlines, and big dreams, taxes and financial planning might feel like the boring, distant cousin you’d rather not invite to the party. But here’s the thing: if you ignore them, they won’t just leave you alone—they’ll crash your party and bring chaos.

Let’s dive in (without calling it that) and make these topics not just manageable but empowering. Trust me, your future self—and your family—will thank you.

Separate Your Money Like You Separate Your Colors

Think of your finances like a painter’s palette. You wouldn’t mix all your colors into one messy blob, right? The same goes for your money. Keeping your personal and business finances separate isn’t just smart; it’s essential.

Open a business bank account. Use it for every penny coming in or going out of yo

Chapter 13: Taxes, Financial Planning, and Safeguarding Your Creative Legacy 840 words

Crowdfunding and Pre-Sales: Navigating the Tightrope Without Tripping

Crowdfunding and pre-sales are like a double-edged sword. They can open doors to opportunities you never thought possible, but—if you’re not careful—they can also open Pandora’s box of legal and financial trouble. Think of them as your rocket fuel: powerful, but volatile. So, how do you launch without blowing up the launchpad? Let’s talk.

*What’s the Deal With Crowdfunding? * Picture this: you’ve got an amazing idea—a book, an album, a metaverse venue that’ll knock everyone’s virtual socks off—and people are excited to back it. Platforms like Kickstarter, Indiegogo, and Patreon make it easier than ever to tap into a global audience hungry to support creators. Sounds dreamy, right? But here’s the catch: when people open their wallets, they’re not just donating; they’re entering into a relationship with you, and relationships have obligations.

Know What You’re Promising (and Stick to It)

This is where many creators stu

Chapter 14: Crowdfunding and Pre-Sales: Navigating the Tightrope Without Tripping 913 words

Partnerships and Collaborations: The Art of Getting It Right

Collaborating can feel like a dream come true. You’re pooling talents, chasing ambitious goals, and maybe even creating something that changes the game. But here’s the catch: unclear roles and undefined rights can turn that dream into a nightmare faster than you can say, “Wait, who owns this?”

So, Who Owns What, Anyway?

Let’s start with the elephant in the room: ownership. You’ve got two (or more) people pouring their heart and soul into something—a novel, a song, a digital experience in the metaverse—and suddenly it’s done. But what happens when one person assumes it’s theirs and the other says, “Actually, no, it’s ours”?

That’s why defining ownership rights for jointly created works isn’t just a good idea; it’s essential. Spell it out early: who owns what, and in what proportion? If you’re co-writing a book, does one person own 60% because they wrote more chapters, or is it a straight 50-50 split? For digital creators, the ques

Chapter 15: Partnerships and Collaborations- The Art of Getting It Right 1,131 words

Insurance Is The Safety Net Every Creator Needs

Let’s start with something nobody likes to think about: risk. It’s one of those things that sneaks into your life uninvited—like a leaky roof right before a storm. For creators, the stakes can be even higher. One mistake, one oversight, or one unexpected claim could jeopardize everything you’ve worked so hard to build. So, how do you protect your creative business? Insurance. It might not be glamorous, but trust me, it’s your best friend when things get messy.

Is Insurance Really Necessary?

You might be thinking, “I’m just a freelance writer” or “I only sell digital art online—what could go wrong?” A lot, unfortunately. That article you poured your soul into could unknowingly include a copyright issue. That artwork you posted? Someone might claim you copied their style. Even your small virtual event could lead to a dispute if a technical hiccup causes a significant loss. The truth is, no matter how small or niche your business feels, risks are l

Chapter 16: Insurance Is The Safety Net Every Creator Needs 875 words

Whose Creation Is It Anyway? Untangling AI and Ownership Across All Media

Here’s a thought to kick things off: AI can make everything. Images, videos, songs, stories—you name it. It can even conjure up entire venues in the metaverse, down to the tiniest virtual table lamp. But as exciting as that sounds, it also opens a Pandora’s box of ownership questions. Who owns what? Who gets credit? And who’s responsible if something goes sideways?

Let’s break it down. Whether you’re a writer, a musician, an artist, or someone shaping immersive worlds in the metaverse, you deserve to know where you stand when AI joins the creative process.

Can AI Use Your Content to Make Its Creations?

Imagine this: you design a stunning 3D space—a virtual concert hall that draws crowds in the metaverse. A few months later, you spot another virtual venue eerily similar to yours, only this one was generated by an AI. You didn’t license your design for training, but somehow it looks like your ideas were used.

This i

Chapter 17: Whose Creation Is It Anyway? Untangling AI and Ownership Across All Media 1,233 words

Resale and Secondary Markets: Don’t Leave Money on the Table

You’ve poured your heart into a painting, a song, or a sleek digital design, and someone loves it enough to pay you for it. Victory, right? But months later, you find out they resold your work—for ten times the price. Do you see a dime of that? Probably not. That’s the uncomfortable truth about resale and secondary markets for creators.

But here’s the thing: it doesn’t have to be this way. With a little foresight and the right strategies, you can protect your rights and ensure you’re part of the financial conversation long after the initial sale. Let’s break it down.

What Are Resale Royalties, and Why Should You Care?

Ever heard of the droit de suite? It’s a fancy French term for resale royalties—a legal concept that entitles artists to a cut of the profit every time their work is resold. Sounds dreamy, right? Well, it’s not universal. In the U.S., for instance, federal law doesn’t mandate resale royalties, though a few states, l

Chapter 18: Resale and Secondary Markets- Don’t Leave Money on the Table 855 words

Protecting Your Creative Baby: The Truth About Derivative Rights

You’ve poured your soul into your work—whether it’s a novel, a song, a digital landscape, or a virtual masterpiece. It’s yours. But here’s a curveball: what happens when someone takes your work, tweaks it, and calls it their own? That’s the tricky world of derivative rights, and it’s not as rare as you’d hope. Let’s break it down, step by step, and make sure you’ve got your bases covered.

What Are Derivative Rights Anyway?

Imagine your original work—a book, let’s say—is like the roots of a tree. Derivative works are the branches: translations, adaptations, spin-offs, sequels, even merchandise. They’re all connected to the original, but they can take on a life of their own. And without clear boundaries, they can grow in ways you never intended.

So, what’s the big deal? Derivative rights can be worth a fortune. They’re the movie adaptation of your book, the t-shirts with your characters, or the sequel someone else wants to writ

Chapter 19: Protecting Your Creative Baby- The Truth About Derivative Rights 719 words

Public Performance and Display Rights: What Creators Need to Know

Imagine this: You’re at a trendy café, sipping your latte, and suddenly you hear your song—the one you poured your heart and soul into—playing over the speakers. At first, you feel a rush of pride. But then it hits you: Did they ask for permission? Are they paying you for this? Public use of your work can be tricky, and if you’re not careful, your creations could end up being enjoyed (and profited from) without you seeing a dime. Let’s talk about how to make sure you stay protected and prosperous when your work steps into the spotlight.

The Spotlight Comes With Rules

Public performance and display rights aren’t just for musicians or filmmakers—they’re for anyone who creates something that might end up in front of an audience. That includes writers, artists, and even those crafting breathtaking virtual spaces in the metaverse. When your work is used in a public setting, whether it’s a local art gallery or a bustling concert hall

Chapter 20: Public Performance and Display Rights- What Creators Need to Know 943 words

Going Global Without Losing Your Mind (or Your Rights)

So, you’ve decided to share your creative genius with the world. Whether you’re an artist selling digital prints, a musician licensing tracks, or a writer publishing ebooks across borders, the international stage is calling. It’s exciting, isn’t it? But let’s pause for a second. Beyond the glamour of “global reach” lies a tangle of rules and risks. Don’t worry; we’re about to untangle it all.

Export Rules: Not Just for Crates of Bananas

Here’s the thing—export laws aren’t just for big companies shipping pallets of widgets. They apply to you, too, whether you’re sending a limited-edition print to Tokyo or uploading your app for European users. Some countries have surprisingly strict rules about what can cross their borders, digitally or otherwise.

For example, certain types of encryption software are considered a controlled export in the U.S. Yes, even if it’s part of an innocuous-looking game or productivity tool. Imagine pouring your

Chapter 21: Going Global Without Losing Your Mind (or Your Rights) 1,036 words

Mastering the Art of Negotiation: A Creator’s Superpower

Negotiation. Just the word might make your palms sweat, right? It’s that moment where everything hangs in the balance, where your creative vision meets the cold, hard reality of contracts, fees, and expectations.

But here’s the thing—negotiation isn’t some high-stakes poker game where only the boldest win. It’s a skill, one you can learn, sharpen, and wield like a pro. And as a creator, it’s your secret weapon for staying safe and thriving in a world that often undervalues creativity.

For a valuable deep dive into the art of negotiation, I invite you to enjoy my free book, The Art of Negotiation. But for now, let’s talk about why negotiation matters so much and cover some of the concepts of negotiation from a more general point of view that will help you can turn negotiation into your superpower.

Why Negotiation Isn’t Optional

Think about this: Every time you

Chapter 22: Mastering the Art of Negotiation- A Creator’s Superpower 1,072 words

ABOUT THE AUTHOR

Mitch Jackson, Esq.

Meet Mitch Jackson, a high-in-demand seasoned lawyer, private mediator, consultant, expert witness and keynote speaker, sharing more than three decades of experience in the private sector. With a solid foundation of serving as lead counsel in more than 70 trials and a track record of obtaining numerous million-dollar verdicts, Mitch brings a massive amount of expertise to every matter he handles. He's served as a Judge Pro Tem with the Orange County Superior Court and fees mediator with the Orange County Bar Association.

Mitch’s accolades speak volumes: he’s an “AV” rated lawyer, the highest independent peer honor for ability and ethics by Martindale-Hubbell. He’s also been named California Litigation Lawyer of the Year in 2013 and Orange County Trial Lawyer of the Year in 2009.

When he's not in the courtroom or successfully mediating cases, Mitch is on the move—speaking a

About The Author 471 words

RECOMMENDATIONS

“Mitch is a master connector. He’s humanized his law practice with online content and through social networking. In fact he does such a great job that I’ve written about him in my books and discussed his ideas in my many speaking engagements around the world.”

David Meerman Scott [Author of 12 books including “New Rules of Marketing & PR” and WSJ bestseller FANOCRACY | marketing & business growth speaker | advisor to emerging companies]

“Do you have a Web3 or AI tech dispute? Mitch Jackson’s Zoom mediation service is just what the doctor ordered. Beyond their vast expertise, what truly distinguishes Mitch and his team is their undeniable approachability and desire to help. Entrusting your dispute to Mitch is the smartest decision you could make for peace of mind.”

Tom Martin- CEO of LawDroid

_“Being truly human and connecting in today’s tech age isn’t easy, but if anyone exemplifies how best to engage people in the new digital ecosys

Recommendations 2,369 words