Streaming & Digital Media Contracts

What to Watch For 

Streaming and digital media have revolutionized the entertainment industry, offering creators unprecedented access to global audiences. However, with these opportunities come significant risks. Digital distribution deals can be complex, and without a thorough understanding of contract terms, artists, filmmakers, and content creators may find themselves locked into agreements that limit their earnings and creative control. 

Many platforms prioritize their own profits over the interests of creators. Hidden fees, restrictive exclusivity clauses, and vague payout structures can all impact long-term success. Understanding your contract before signing is something you can’t ignore to maintaining ownership, securing fair compensation, and ensuring that digital platforms work for you—not against you.

The entertainment attorneys at Horn Wright, LLP, are ready to make sure your rights are protected in any type of contract you encounter. 

The Fine Print That Could Cost You Millions: How Streaming Deals Work for Artists and Filmmakers 

Streaming platforms like Netflix, Spotify, and Apple Music offer artists and filmmakers various payment structures, but not all are equally beneficial. Knowing how these deals work is essential to protecting your revenue and creative rights. 

• How Payouts Are Structured: Platforms use different models, including per-stream payments, ad-supported revenue, and subscription-based royalties. Understanding these methods helps creators make informed decisions about distribution. 
• Revenue Sharing vs. Flat-Fee Deals: Some contracts offer lump-sum payments upfront, while others provide ongoing royalty-based earnings. While a flat fee may provide immediate security, a revenue-sharing model could lead to higher long-term profits. 
• Key Contract Terms That Impact Your Earnings: Watch out for clauses that dictate payment thresholds, exclusivity restrictions, and royalty calculation methods. Some agreements may grant platforms extensive rights without proper compensation. 

Without proper legal oversight, creators risk signing deals that undervalue their work. Our commercial litigation attorneys have the knowledge and expertise to make sure you receive the compensation you’re entitled to for your work, with fair terms that align with your goals and financial interests. 

Signing Away Your Content? Understanding Licensing Agreements for YouTube & Digital Platforms 

Uploading content to platforms like YouTube, TikTok, or Twitch may seem straightforward, but the licensing agreements often contain hidden clauses that can limit control over your work. Content creators must be aware of the following risks: 

• Who Owns Your Content? Many platforms claim broad licensing rights over uploaded material, allowing them to use, modify, or even sublicense content without additional payment. 
• The Risks of Exclusivity Clauses and Revenue-Sharing Terms: Some agreements restrict creators from distributing their content elsewhere, limiting future monetization opportunities. Additionally, unfavorable revenue splits can significantly reduce earnings. 
• How to Negotiate Better Deals: Understanding the terms before uploading content can help creators maintain control. Opting for non-exclusive licenses, setting clear revenue expectations, and leveraging audience reach for better terms are key strategies. 

Taking the time to negotiate or seek legal advice can prevent creators from unknowingly giving up rights to their own content. By speaking with one of our business transaction attorneys you’ll have peace of mind that your rights are protected in the future.  

The NFT Gold Rush: Legal Landmines Every Creator Should Know 

The rise of NFTs has created new opportunities for artists and entertainers, but the legal landscape remains uncertain. Before minting or selling digital assets, creators must consider the following: 

• How NFTs Are Changing the Entertainment Industry: NFTs offer unique ownership and monetization models, allowing creators to sell digital collectibles, music, and film rights directly to consumers. 
• The Legal Risks of Minting, Selling, and Reselling Digital Assets: Smart contracts dictate how NFT sales work, but without clear legal guidelines, disputes over ownership, royalties, and resales can arise. You’ll want an experienced intellectual property attorney to guide you. 
• Copyright Concerns and How to Protect Your Work in the NFT Space: Many creators mistakenly assume that minting an NFT automatically grants them copyright protection. However, copyright law still applies, meaning unauthorized use or sale of copyrighted material can lead to legal consequences. 

Understanding NFT contracts and obtaining professional legal guidance from the start will help creators navigate this rapidly changing space while protecting their intellectual property. 

Stay in Control: How to Protect Your Rights in the Digital Era 

The digital age offers incredible opportunities, but only for those who protect themselves from exploitative contracts and unfair agreements. Here’s how creators can safeguard their rights: 

• Read Every Contract Carefully: Never assume that a standard contract is fair—always scrutinize the fine print. 
• Know When to Bring in a Lawyer: If an agreement is complex or long-term, consulting an entertainment attorney can prevent costly mistakes. 
• Make Digital Distribution Work for You, Not Against You: Retain as many rights as possible, negotiate fair revenue terms, and ensure that deals align with your career trajectory. 

Start Today With Horn Wright, LLP 

At Horn Wright, LLP, we help New York’s creatives navigate the complexities of streaming and digital media contracts. Whether you’re negotiating a licensing agreement, a streaming deal, or an NFT contract, our team ensures you maintain control of your work and maximize your earnings.  

Contact our office today for a consultation and start protecting your digital future.