<\/span><\/h2>\n\n\n\nA business transfer contract and exclusive management contract in the YouTuber business refers to a contract in which the content related to the transfer of the business of operating a YouTube channel and the content related to the YouTuber’s appearance on the transferred channel are stipulated<\/strong>.<\/p>\n\n\n\n<\/span>Key Points to Note in the Business Transfer and Management Contract<\/strong><\/span><\/h2>\n\n\n\n<\/span>Provisions Regarding the Business Transfer of a YouTube Channel<\/strong><\/span><\/h3>\n\n\n\n<\/span>Provisions on Transfer Property<\/strong><\/span><\/h4>\n\n\n\nWhen it comes to the business transfer of a YouTube channel, it is important to specify in detail what is included in the transfer property<\/strong>.<\/p>\n\n\n\nFor example, the following provisions can be considered:<\/p>\n\n\n\n
Article \u25cf (Transfer Property)
<\/span>Provisions Regarding the Operation of the YouTube Channel Until the Transfer Date<\/strong><\/span><\/h4>\n\n\n\nWhen transferring a YouTube channel, it may take some time until the actual channel is transferred due to the procedures and settings related to the transfer.<\/p>\n\n\n\n
During this time, if the operation of the YouTube channel is stopped, the value of the channel may decrease due to a decrease in subscribers, etc.<\/p>\n\n\n\n
Therefore, in order to maintain the value of the YouTube channel, it is necessary to stipulate matters related to the operation of the channel until the transfer date<\/strong>.<\/p>\n\n\n\nFor example, the following provisions can be considered:<\/p>\n\n\n\n
Article \u25cf (Operation of the Transfer Target Channel Until the Transfer Date)
<\/span>On Exclusive Management Clauses<\/strong><\/span><\/h3>\n\n\n\n<\/span>About the Clauses on Management Content<\/strong><\/span><\/h4>\n\n\n\nEven though we generally refer to it as management, the scope of management varies depending on the management company. Therefore, it is necessary to clearly state in the contract what is included in the scope of management<\/strong>.<\/p>\n\n\n\nFor example, it is necessary to specify whether the YouTuber will only appear on the transferred YouTube channel, or whether they will also appear on other media operated by the company that received the transfer of the YouTube channel, and what kind of management will actually be done.<\/p>\n\n\n\n
<\/span>Exclusive Clause<\/strong><\/span><\/h4>\n\n\n\nIn the contract, the clause stating that the YouTuber will not enter into a management contract with anyone else and will only enter into a management contract with the company that received the transfer of the YouTube channel (exclusive clause) is an important clause<\/strong>.<\/p>\n\n\n\nAs a company that has received the sale of the channel, it is necessary to stipulate a clause stating that it is an exclusive contract.<\/p>\n\n\n\n
<\/span>Clauses on Remuneration and Expenses<\/strong><\/span><\/h4>\n\n\n\nClauses related to money such as remuneration and expenses are prone to trouble.<\/p>\n\n\n\n
Therefore, it is important to clearly stipulate remuneration and expenses in the contract.<\/p>\n\n\n\n
Firstly, regarding remuneration, it is necessary to clearly stipulate what actions will be paid and how much will be paid<\/strong>.<\/p>\n\n\n\nYouTube videos generally involve multiple work processes such as script production, video shooting, and video editing.<\/p>\n\n\n\n
It is necessary to clearly stipulate in the contract which part of these tasks the YouTuber will be responsible for and how much remuneration will be paid.<\/p>\n\n\n\n
Also, regarding remuneration, it can be considered to stipulate it as a fixed remuneration<\/strong> or a variable remuneration<\/strong>.<\/p>\n\n\n\nFor example, it is possible to consider variable remuneration that changes the remuneration amount according to the number of views of the posted video, or variable remuneration that reduces the YouTuber’s remuneration gradually after the first year of the contract, with the share of YouTube and the management company being 50:50.<\/p>\n\n\n\n
Next is about expenses. Various expenses will be incurred to create videos to be posted on YouTube.<\/p>\n\n\n\n
For these expenses, it is necessary to clearly stipulate in the contract what proportion of the burden will be borne by the YouTuber and the company<\/strong>.<\/p>\n\n\n\n<\/span>Provisions Regarding the Obligations of YouTubers<\/strong><\/span><\/h3>\n\n\n\nIn order to maintain the value of a YouTube channel, it is crucial that YouTubers appearing in videos do not cause scandals or troubles.<\/strong><\/p>\n\n\n\nOnce the reputation of a YouTube channel deteriorates, it is conceivable that the number of subscribers and views could decrease dramatically. Furthermore, if a situation escalates, there may be no choice but to suspend video posting.<\/p>\n\n\n\n
Therefore, it is conceivable to impose an obligation on YouTubers to avoid words and actions that would lower the value of the channel<\/strong> in order to maintain its value.<\/p>\n\n\n\nFor example, the following provisions could be considered:<\/p>\n\n\n\n
Article \u25cf (Obligations of YouTuber)
<\/span>Provisions Regarding Intellectual Property Rights<\/span><\/h3>\n\n\n\nDue to their nature, YouTube videos inherently generate intellectual property rights such as copyrights.<\/p>\n\n\n\n
If a YouTuber films and edits their own videos, the copyright of the video is granted to that YouTuber.<\/p>\n\n\n\n
As a company that has taken over a YouTube channel, it is necessary to establish provisions to transfer the intellectual property rights, including the copyright of the videos created by the YouTuber, to the company. <\/strong>This is crucial in order to retain the intellectual property rights of the videos.<\/p>\n\n\n\nIf provisions regarding intellectual property rights are not established, the company may potentially suffer significant losses in the future. Therefore, it is essential to always establish such provisions.<\/p>\n\n\n\n
<\/span>About General Clauses<\/strong><\/span><\/h3>\n\n\n\n<\/span>Clause on Liability for Damages<\/strong><\/span><\/h4>\n\n\n\nThe clause on liability for damages is a common clause that is stipulated in most contracts.<\/p>\n\n\n\n
However, it is not enough to simply stipulate a clause on liability for damages. It is necessary to carefully consider the scope of this clause when defining it<\/strong>.<\/p>\n\n\n\n<\/span>Introduction to Our Firm’s Measures<\/span><\/h2>\n\n\n\nMonolith Law Firm is a legal office with high expertise in both IT, particularly the Internet, and law. Nowadays, even among popular YouTubers and VTubers, there are legal risks. Especially when it comes to money-related matters such as channel transfers, it can potentially become a major issue in the future. Our firm also handles legal matters for YouTubers and VTubers. <\/p>\n","protected":false},"excerpt":{"rendered":"
There are two main types of YouTubers: those who post videos independently, and those who post videos while belonging to an agency and receiving management from that agency. Among YouTubers who post v […]<\/p>\n","protected":false},"author":25,"featured_media":57790,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[17],"tags":[21,37],"acf":[],"_links":{"self":[{"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/posts\/57540"}],"collection":[{"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/users\/25"}],"replies":[{"embeddable":true,"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/comments?post=57540"}],"version-history":[{"count":5,"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/posts\/57540\/revisions"}],"predecessor-version":[{"id":58755,"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/posts\/57540\/revisions\/58755"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/media\/57790"}],"wp:attachment":[{"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/media?parent=57540"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/categories?post=57540"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/monolith.law\/en\/wp-json\/wp\/v2\/tags?post=57540"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}