051: Get Your Digital Product Business Legally Legit

Digital Product Mama

Legal Essentials for Digital Product Creators with Brittany Ratelle

In this episode, we're diving deep into getting your digital product business legal with Brittany Ratelle, a lawyer specializing in helping creatives and educators. Brittany shares invaluable insights on everything from contracts and intellectual property (IP) to running a side business as a teacher. Whether you're selling on Teachers Pay Teachers (TPT) or launching digital products on your own website, this episode is packed with actionable advice to help you protect your work and stay legally legit.

In this episode, we’ll discuss: 1. The Basics of Legal Protection for Creators

• Brittany explains the essential contracts every creator should have in place, such as a privacy policy and terms and conditions for your website.

• She emphasizes the importance of an independent contractor agreement when working with freelancers or hiring a virtual assistant, ensuring that both parties are clear on expectations and responsibilities.

• Understanding intellectual property (IP) is crucial. Brittany covers why copyright and trademark protections are important for your business and how they ensure you keep ownership of your original creations.

2. Setting Up Your LLC

• Protect yourself by establishing your business as an LLC (Limited Liability Company), especially if you're selling online or working with contractors.

• Brittany provides a clear explanation of what an LLC does and why it’s so important for minimizing personal risk.

• She also discusses the pitfalls of waiting too long to establish your LLC and the steps to take once you're ready to start your business.

3. Teachers and TPT – Navigating Contracts and IP Ownership

• One common concern is that many teachers have clauses in their contracts stating that anything they create is property of the school. Brittany shares how to protect yourself by negotiating an IP Assignment Agreement with your school, which clarifies that anything created on your own time and resources belongs to you.

• She also highlights how important it is to read your contract carefully and understand your rights, especially if you’re planning to sell on platforms like Teachers Pay Teachers.

4. Avoiding Common Legal Mistakes

• Brittany shares the top mistakes she sees creators make, such as not verifying that their business name or products aren’t already trademarked. A thorough trademark search and ongoing Google Alerts can help protect your brand.

• She also stresses the importance of using legally compliant media, like royalty-free music or images, especially for social media and promotional materials. Commercial music used in ads can lead to copyright violations, so make sure to use licensed tracks or safe alternatives.

5. Practical Tips for Protecting Your Work

• Advocate for yourself when it comes to your IP—understand your rights and ensure you're clear on what belongs to you versus what belongs to your employer.

• Make sure to utilize any contracts or legal templates you invest in. Brittany’s advice: don’t let those contracts gather dust in a folder; they’re meant to protect you, so put them to use!

Resources Mentioned:

• Lawfully Ever After: Brittany's course that helps creators set up their business legally, including LLC formation, IP protection, and more.

• Brittany’s Creative Contracts Shop: A collection of ready-made legal templates designed specifically for creatives and small business owners. (Don't forget to use my affiliate code LINDSAYB for 30% off Brittany's legal templates in her shop!)

Connect with Brittany:

• Website (https://brittanyratelle.com/)

• Instagram: @BrittanyRatelle (https://www.instagram.com/BrittanyRatelle)

Connect with Linsday:

• Instagram: @lindsaybowden (https://www.instagram.com/lindsaybowden/)

• Website (https://lindsaybowden.com/)

This episode is a must-listen for any creator, teacher, or entrepreneur looking to protect their business from legal risks. From contracts to trademarks, Brittany breaks down complicated legal topics into easy-to-understand advice, empowering you to get your digital product business legal.