Episode 165: Three Unassuming Contracts That Quietly Protect Your Genius
You’ve built something brilliant. Now let’s protect it.
As a brand attorney, I’ve seen too many entrepreneurs pour their heart into their business—only to leave their intellectual property exposed because they didn’t realize how powerful everyday contracts can be.
This month, we hosted our “How to Read a Contract Like a Lawyer” workshop, and it was packed with gems. But even with all that goodness, one question kept coming up:
“How can I make sure I’m protected when I give someone access to my content?”
This podcast is your answer.
We’re diving into three contracts you probably encounter all the time—but may not realize are your first line of defense when it comes to protecting your genius.
- Terms of Purchase: Your First Line of Defense
If you sell digital products, courses, or downloadable resources, your terms of purchase are more than just a checkout formality. They’re a legal shield.
These terms define the rules of engagement between you and your customers. They cover payment obligations, return policies, and—most importantly—how your content can and cannot be used.
Why It Matters:
Without clear terms, customers might assume they own your content. That opens the door to misuse, redistribution, or even resale of your intellectual property.
What to Include:
- Intellectual Property Ownership
“All products and content provided through this purchase… remain the exclusive intellectual property of [Your Business Name].”
- Limited License
“You are granted a non-transferable, non-exclusive, revocable license for personal, non-commercial use only.”
- Prohibited Uses
“You may not copy, reproduce, modify, distribute, sell, or publicly display any part of the purchased content.”
- Enforcement Clause
“Unauthorized use may result in termination of access and legal action.”
These clauses don’t just protect your content—they set expectations and give you legal recourse if someone crosses the line.
- Speaking Agreements: Protect Your Voice and Vision
You’ve been invited to speak at a conference, workshop, or panel. You’re excited. You’ve prepared your slides, your stories, your signature framework.
But here’s the thing: if you don’t have a solid speaking agreement, you might be giving away more than you realize.
Why It Matters:
Event organizers often record presentations. Without clear terms, they could reuse your talk, distribute it, or even sell it—without your permission or compensation.
What to Include:
- Ownership of Materials
“All presentation materials, handouts, slides, and original content remain the sole intellectual property of the Speaker.”
- Recording and Distribution
“The Organizer may not record, reproduce, or distribute the Speaker’s presentation without prior written consent.”
- Permitted Uses
“Any use of the Speaker’s name, likeness, or content in promotional materials must be pre-approved.”
- Credit and Attribution
“The Organizer agrees to credit the Speaker in any permitted use.”
- Right to Refuse Use
“The Speaker reserves the right to refuse use of their content in any context that misrepresents or distorts the original material.”
This agreement ensures you maintain control over your content—and get paid for its use beyond the event.
- Website Terms of Use: Your Digital Gatekeeper
Your website is your digital storefront. It’s where your brand lives, your content shines, and your audience connects.
But without proper terms of use, your intellectual property is vulnerable.
Why It Matters:
People can scrape your site, copy your blog posts, or use your branding to create counterfeit products. Your terms of use give you the legal standing to fight back.
What to Include:
- Intellectual Property Statement
“All content on this website is the exclusive property of [Your Business Name] or its licensors.”
- Usage Restrictions
“You may not copy, reproduce, modify, publish, or commercially exploit any content without permission.”
- Limited Personal Use
“Visitors are granted a limited, non-exclusive license for personal, non-commercial use only.”
- Prohibition of Automated Access
“Use of automated systems to extract data from this website is strictly prohibited.”
- Reporting Infringement
“If you believe content on this site infringes your IP, contact us at [email].”
- Consequences of Violation
“Unauthorized use may result in termination of access and liability for damages.”
These terms don’t just protect your content—they preserve your brand’s integrity.
Final Takeaway: Contracts Are Strategy
Even routine contracts play a powerful role in defending your intellectual property. Don’t overlook them.
✅ Review your terms of purchase
✅ Tighten your speaking agreements
✅ Update your website terms of use
Each one covers a different—but equally important—aspect of your business. Together, they form a legal framework that helps you own and defend your genius.
If you’re ready to go deeper, check out our resources at MARKEDlegal. Because your ideas aren’t just valuable—they’re sacred. And they deserve to be protected with the same intention you used to create them.
