Can Forming a YouTube Company protect me from statements I make in my videos (YouTuber Law)?

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Can a Corporation or LLC protect me from statements I make or elements I use on my YouTube Channel (Youtube Law Series)?

Lior Leser, Esq.
Technology, Internet and Software Law

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Unfortunately Not. In reality, both you and your company can be held liable for statements you make on a YouTube video.

The use of company forms in running your YouTube business— like LLCs, and corporations — has many important purposes, but avoiding personal tort liability for your own conduct is not one of them

A properly formed and operated company offers you limited liability for the debts of your YouTube business.

Many people have heard that Courts are not keen on “piercing the corporate veil”.

… and there is a list of justifications for piercing the corporate veil … for example, when the company is a mere “alter-ego” of its shareholders, where the company is undercapitalized, and where the company is used to promote fraud.

That being said, the use of a corporate forms — like LLCs and corporations — does not allow you to avoid personal tort liability for your own conduct.

What does that mean?

A “tort” is is a wrongful act or action that causes harm to another.

and defamation is a Tort.
and so if Copyright infringement

so any statement that hurts someone’s reputation, in other words “Defamation”, is a tort and therefore not subject to corporate limited liability.

and your usage of infringing copyrighted elements, such as music, in your videos is also a tort.

That means that both you and your company can be held liable for defamatory statements you make and infringing elements you use in a YouTube video ad as part of your YouTube business.

That’s just part of the business!

We will be happy to hear your thoughts

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