“If you’re an influencer or content creator, you are a business owner. Thus, you have to think about the same issues that other businesses consider,” says Merlyne Jean-Louis, lawyer and partner in the Global Media, Entertainment & Sport group at the law firm Pierson Ferdinand. “Pay attention to your contracts, trademarks, copyright, and business structure. You’re basically trying to do business, but make sure that you’re protected.”

This mindset shift from content creator to business owner is at the heart of Merlyne’s mission to transform how creators approach their careers. 

With over nine years of experience specializing in creator economy law, she’s witnessed firsthand the evolution of informal content creation to sophisticated business operations. Her message is clear: creators aren’t just making content – they’re running companies.

A Creative’s Path to Creator Law

As a former semi-professional dancer who once dreamed of becoming in-house counsel for the Alvin Ailey American Dance Theater, Merlyne understands firsthand the challenges creative professionals face when building businesses. That is because when she established her own law firm, her first client was an influencer.

“They fit the avatar of a dancer—someone who is  a creative person, who has a business, and who sometimes gets taken advantage of because they may not understand the business aspects of their work,” she explains. This connection between traditional creative professionals and digital creators highlighted a significant market need: specialized legal expertise bridging both creative and business sectors.

The Rise of Professional Content Creation

With the creator economy changing rapidly over the years, Merlyne has realized the increasingly complex dynamics of the industry that has legal implications on stakeholders within the ecosystem, especially content creators.

“If you’re creating content on platforms like Instagram, TikTok, or YouTube, you’re basically a mini film production company. You’re similar to Paramount and all these other studios – but on a smaller scale. So, you’d want to model your activity after them.” 

However, Merlyne says the industry has become “more sophisticated as bigger players, bigger brands have entered into this space.” This change will have a significant impact on how content creators do their work; or more precisely, conduct their business.

Protecting Your Assets Through Corporate Structure

The mindset shift Merlyne proposes has important implications. “If you own a business, you don’t want someone to go after you personally. You want to have a separation between your business assets and your personal assets – your home, your car, your bank account, your personal accounts,” she explains.

Beyond protecting assets or providing safeguards against liabilities, an important message that Merlyne wishes to underscore for content creators is that legal protection enables growth opportunities. 

“Because you have the protection, because an LLC or corporation is protecting your personal assets, you actually are going to go out and do more. You’re going to push yourself out there,” she explains. This foundational business protection allows creators to operate with confidence and take calculated risks while safeguarding their personal finances.

Managing Intellectual Property Rights

“Content is king or queen in this world,” Merlyne states. “Make sure that you’re protecting your IP. If you’re utilizing other people’s images or IP, obtain the appropriate licenses, etc.” The implications are significant in the creator economy, where content represents the primary business asset.

She emphasizes that copyright principles for creators mirror traditional media requirements: “If you’re creating content, ensure you have the releases of whoever is in your video—those principles are still the same. The law  regarding the right of publicity has been the same for a long time.”

Securing Your Brand

Merlyne has witnessed creators invest years developing a brand only to discover they lack legal rights to their chosen name. “It’s really unfortunate if you have to change your trademark or brand name because you didn’t verify that it was good to go in the first place,” she warns. “I’ve seen that happen.”

The solution is clear: “Protect your trademarks,” she emphasizes. “Make sure you do this because your brand is valuable.” This preventive approach to brand protection proves essential for building a sustainable business in the creator economy.

Managing Business Risks

Merlyne takes a practical approach to risk management. “My job is to assess risk,” she explains. “To make your business as less risky as possible.” This philosophy particularly applies to platform dependency—a key vulnerability for many creators.

“Own your audience,” she advises firmly. “These platforms can disappear at any time.  I think the best thing you can do is own your own platform.” Her recommendations are comprehensive: “Have a mailing list. I’ve seen a lot of creators have one… Host in-person events or communities on various platforms… diversify your online presence.”

The rationale is straightforward: “Even if you’re on these platforms, the algorithm may not allow others to always see your content. But if you can control the content you send out to your mailing list,  like a newsletter, that’s ideal.”

Future Opportunities

The creator economy’s growth trajectory is optimistic for Merlyne. “The market capitalization is expected to double in the next couple of years,” she shares. “I’m excited because this is a type of industry that’s near and dear to my heart.”

Her enthusiasm comes from witnessing positive changes in creators’ lives: “It’s given them independence. It’s given them the ability to do what they want in life. Creatives, like musicians or actors, can now go back into the traditional entertainment fields. We have creators who are also business owners. They’ve learned to use content creation as a means to market their products and services.”

Having a Business Acumen

Running a successful creator business requires proactive planning. “When many people hear ‘lawyer,’ they think, ‘Oh, I only can contact you when I have a problem.’ They don’t think about using a lawyer to prevent issues from occurring in the first place,” Merlyne observes. This reactive mindset needs updating—creators must think ahead about their business needs.

“Many people are reactive, and that’s fine,” she acknowledges. “There’s nothing wrong with that. It’s just about risk. What’s your risk appetite? If you’re risk-prone and don’t mind living on the edge, you could make that assessment and talk to a lawyer later. If you’re risk-averse, talk to a lawyer sooner.”

For creators aiming to build sustainable businesses, the message resonates clearly: your channel requires more than creative expression – it demands strategic planning, legal protection, and business acumen. As Merlyne puts it: “I prepare for the worst and hope for the best. That’s essentially what I do.”