The success of your business depends on great content. However, a single legal mistake can result in takedowns, suspensions, or even lawsuits. Below are the most common mistakes content creators and online business owners make, along with real examples and practical recommendations.
Who Should Read This?
If you're a content creator, coach, consultant, or small business owner who shares content online, uses email lists, builds websites, or maintains a social media presence, this is for you.
1. Using copyrighted materials without permission
- Using photos, videos, songs, or copy that you didn’t create? You may be infringing copyright law.
- Example: You add a Taylor Swift track to your YouTube vlog. Days later, your video is muted or worse, removed with a copyright strike.
- Tip: Only use royalty-free or licensed media. Even a 5-second clip can trigger a takedown.
2. Missing affiliate or sponsorship disclosures
- Promoting products or services without telling your audience you're being paid? That’s a violation of FTC rules.
- Example: You share a reel promoting a supplement with an affiliate link but don’t say you’re earning a commission.
- Tip: Use clear disclosures such as 'I may earn a small commission' or include hashtags like #ad or #sponsored.
3. Making health, income, or performance claims
- Claims like “lose 10 lbs in 7 days” or “double your income” require solid evidence or you're risking legal action.
- Example: If you sell a coaching program and guarantee results without evidence, you are directly violating FTC rules.
- Tip: Avoid using “guarantee” unless you can back it up by written evidence. Include disclaimers and testimonials where appropriate.
4. No rules for giveaways or contests
- Giveaways without rules or disclaimers can violate platform terms and legal requirements.
- Example: You run a TikTok contest asking followers to tag friends but don’t state entry rules or deadlines.
- Tip: Include who can enter, how to enter, prize details, deadline, and platform disclaimer.
5. Missing website legal policies
- If you collect any user data or run ads, legal policies like a Privacy Policy are a must.
- Example: You run a coaching site without a Privacy Policy. Your ad account gets suspended for data privacy and data security related risks.
- Tip: Add policies that reflect your business activities and comply with applicable laws adn regulations.
6. Collecting emails without consent
- Email signups must be voluntary and clearly opted into or you risk violating CAN-SPAM and GDPR requirements.
- Example: You offer a freebie in exchange for email but don’t give users the option to opt in. That’s a red flag.
- Tip: Always use opt-in checkboxes and disclose what users are signing up for.
7. Republishing user content without permission
- Just because a customer tags you doesn’t mean you can repost their content without asking.
- Example: You repost a fan’s product pic without permission and they file a complaint or DMCA notice.
- Tip: Get written consent or include it in your Terms of Use if you share user-generated content.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a licensed attorney for legal guidance specific to your business.
