In November 2025, the Johnny Cash estate sued Coca-Cola for using a Cash tribute singer to make a commercial sound like it was voiced by the Man in Black himself, without asking permission or paying a dime. Sound familiar? It should. Tom Waits won $2.375 million from Frito-Lay for the same thing in 1992. Some brands apparently never learn.

But this isn't just a celebrity problem. If you're a creator, influencer, or small business owner working with brands or hiring marketing agencies, your contracts may already contain clauses that hand over your content, your voice, and your reputation without you realizing it.

In this episode, I'm breaking down three legal traps hiding in brand deals and marketing contracts:
🕷️ Trap 1: The copyright ownership clause that signs away your content forever: the difference between a license, an assignment, and work-for-hire (and why it matters enormously)
🕷️ Trap 2: The FTC disclosure rules that can get both brands and influencers hit with massive fines, including what #collab and #partner actually don't cover
🕷️ Trap 3: The right of publicity and trademark clauses that let brands use your name, voice, and likeness in ways you never agreed to, including what deepfake AI protections currently exist (and where the law is still dangerously incomplete)

I also cover the "sad beige lawsuit": the ongoing case between influencers Sydney Nicole Gifford and Alyssa Sheil over whether your entire aesthetic can be protected as a trade dress trademark.

TIMESTAMPS:
01:04) - Trap 1: Copyright ownership
(01:40) - Assignment vs licensing
(03:00) - Work-for-hire
(05:15) - The horror story of overreaching licenses and unintended assignments
(06:30) - Trap 2: FTC rules about transparency and disclosures for influencer marketing
(09:03) - Trap 3: Overreaching contracts that put your brand, name, likeness, and voice in peril
(09:12) - Trademark and right of publicity
(11:00) - "Sad Beige" lawsuit
(12:11 )- Tom Waits v Frito-Lay and the commercial kicker
(14:05) - Estate of Johnny Cash v. Coca-Cola, and the ELVIS Act
(16:16) - Deepfakes - AI and Digital Replicas
(17:43) - Key takeaway and wrap up
(19:09) - Free checklist - 8 Legal Red Flags Every Creator Should Look For

I'm Julie King, a patent and IP attorney with over 25 years of experience, and I help creators and small business owners protect what they've built.

🕷️ Free download: Brand Deal Red Flags Checklist: https://kingpatentlaw.com/product/brand-deal-red-flags-checklist-8-contract-clauses-every-creator-should-check-before-signing/

📅 Book a consultation: kingpatentlaw.com
🎙️ Podcast: Spellbinding IP on all major platforms
📱 Social: @kingpatentlaw

Avoid the legal horrors and keep rocking your IP. 💀🎸

DISCLAIMER: This information is for educational purposes only, is not legal advice, and does not form an attorney-client relationship. For advice about your specific situation, consult with a licensed attorney. This video contains attorney advertising material. Julie King | King Patent Law, PLLC | 301 N Neil St Ste 400, Champaign IL 61820. Phone number and email address available at kingpatentlaw.com.