The Legal Side of Going Viral: Avoiding Defamation, Infringement, and PR Disasters
For content creators, going viral can change everything—flooding your inbox with brand offers, follower spikes, and unexpected public attention. But while virality can boost your career overnight, it also comes with serious legal and reputational risks if you’re not prepared.
At The Jones Firm, we’ve helped influencers, podcasters, and content entrepreneurs navigate the high-risk legal terrain that comes with viral visibility. Here’s what every creator should know to stay protected when their content takes off.
1. Copyright Infringement: Just Because It’s Online Doesn’t Mean It’s Free
Viral videos and memes often use:
- Popular songs
- TV/movie clips
- Celebrity images
- User-submitted content
If you use copyrighted material without a license—or rely too heavily on “fair use” without legal clarity—you may be exposed to takedown notices, demonetization, or lawsuits.
Real Example:
A YouTuber included a short audio clip of a Drake song in a 5-minute vlog. After the video went viral, the content was flagged, demonetized, and a copyright strike was issued—cutting off revenue just as it was trending.
Solution:
Work with an entertainment or IP attorney to review your use of third-party content and secure proper licenses when needed.
2. Defamation and Libel: Going Viral with “Hot Takes” Can Lead to Lawsuits
Whether you’re reviewing a brand, talking about public figures, or critiquing a product—if you publish a false or damaging statement about someone, even unintentionally, you could face legal action.
Key Risk Areas:
- Gossip-style videos and podcasts
- Exposés or “calling out” individuals
- Parody content that blurs the line with real accusations
Tip:
An attorney can help you pre-screen high-risk content or issue disclaimers that lower your exposure.
3. Misrepresentation or FTC Violations: Transparency Matters More When You’re Trending
The Federal Trade Commission (FTC) requires influencers to clearly disclose brand partnerships. Going viral with a sponsored post that isn’t properly labeled could lead to:
- Regulatory penalties
- Mandatory take-downs
- Reputation damage from “misleading” your followers
Protect Yourself By:
- Including clear #ad or #sponsored labels
- Disclosing free products or affiliate links
- Having written agreements that outline your disclosure responsibilities
4. Public Backlash and “Cancel Culture”: Have a PR & Legal Plan
Sometimes, virality brings scrutiny, not celebration. Controversial tweets from years ago, misunderstood videos, or poorly worded captions can be misinterpreted at scale.
Best Practices:
- Work with legal counsel to prepare response strategies
- Review past content proactively for problematic language or imagery
- Set up a business entity (LLC or S-Corp) to separate personal liability from your brand
5. Brand Deals: Virality May Trigger Contract Clauses
If you’re under an exclusivity agreement, content that goes viral—especially if it features a competitor—can violate terms and lead to breach of contract claims or lost partnerships.
Example:
A fitness influencer under contract with a supplement brand posts a trending TikTok featuring a competing product. Once the post went viral, the original sponsor terminated the deal and pursued damages.
Recommendation:
Have all your contracts reviewed by an attorney who understands influencer marketing and entertainment law.
Conclusion
Going viral is exciting—but it can also expose you to real legal risk. From copyright and defamation to contract conflicts and regulatory exposure, viral fame can turn into a liability fast without the right legal safeguards in place.
At The Jones Firm, we help content creators structure their business, review their content, and protect their brand—before and after the algorithm takes notice.
Ready to protect your platform before it blows up? Contact The Jones Firm today for a consultation tailored to digital creators.
