Category Archives: Law

A.I. Law, French Montana, and the Secret Wu-Tang Album – Entertainment Law Update Episode 185

From billion-dollar AI settlements to hip-hop copyright battles, this month’s Entertainment Law Update is packed with the latest cases shaping entertainment and media law.

We cover the new EXPLORE Act and its impact on filmmakers, Anthropic’s $1.5 billion AI copyright settlement, Stephen Thaler’s Supreme Court petition on AI authorship, and the French Montana decision that turned on a copyright technicality. Plus, we look at California’s new AI safety law, the Wu-Tang Clan trade secret case, and quick takes on Gibson, Nirvana, Alex Jones, and Drake.

🎧 Listen now: https://entertainmentlawupdate.com/185
📺 Watch on YouTube: https://www.youtube.com/watch?v=xDYQlpskZok

The 360° Creator: How to Build a Future-Proof Business in 2026 and Beyond

In the early days of YouTube, podcasting, and blogging, success looked deceptively simple: create great content, build an audience, and watch the money roll in. For a lucky few, it worked. But for every breakout star, there were thousands of creators who burned out, faded away, or discovered that viral reach didn’t equal lasting income.

Fast forward to 2026, and the creator economy has matured into a complex, multi-billion-dollar industry. The creators who thrive today are not just entertainers or storytellers. They are entrepreneurs who understand that building a sustainable business requires more than just content.

That’s where the 360° Creator Business Model comes in.

Read more: The 360° Creator: How to Build a Future-Proof Business in 2026 and Beyond

Instead of relying on a single revenue stream, a single platform, or a single strategy, smart creators are building full-circle businesses that protect their work, diversify their income, and allow them to grow beyond the whims of algorithms.

In this article, we’ll break down the why, what, and how of the 360° approach to building a creator business for 2026 and beyond — including an in-depth look at the wide range of revenue streams and business models available to creators today.


Why a 360° Approach Is Essential

The internet is littered with stories of creators who put all their eggs in one basket — only to see that basket vanish overnight.

  • A podcaster builds a loyal audience, but has to shut down after a co-host dispute because they never signed a written agreement.
  • A YouTuber earns six figures from ads, only to be demonetized by the platform with no warning.
  • An Instagram influencer’s account gets hacked, wiping out years of work in a single day.

These aren’t just horror stories. They’re reminders that content is the core, but it’s not the whole business.

A 360° approach is about building a system that supports you from every angle: legal, financial, operational, creative, and personal. It’s about ensuring that when one revenue stream dries up, another is ready to flow. It’s about building a business that supports your life — not one that consumes it.


The Five Dimensions of a 360° Creator Business

Think of your business as a wheel. Your content sits at the hub, but the spokes are what keep the wheel moving forward. Without them, the hub collapses.

1. Content as Core, Not Whole

Yes, content matters. It’s your storefront, your handshake with the world. But content is not the business itself. It’s the fuel that drives attention, trust, and audience growth. The mistake many creators make is confusing content with business. A strong 360° model recognizes content as a starting point, not the destination.

2. Legal & Structural Foundations

Without an LLC, contracts, or trademark protection, you’re building on sand. A proper legal foundation doesn’t just protect you from risk; it creates leverage. When your intellectual property is secured, you can license it, sell it, or scale it. When your contracts are clear, your partnerships are stronger.

3. Revenue Diversification

This is the heart of the 360° model. Relying on a single income stream is the fastest way to create stress, instability, and eventual failure. A resilient creator business has multiple streams of income, each supporting the others.

4. Operations & Systems

No one can do it all alone. Building workflows, hiring team members, and automating repetitive tasks allows you to scale without burning out. This is how you make the leap from being a freelancer with a side hustle to running a real business.

5. Personal Sustainability

What good is success if it leaves you exhausted, anxious, or sick? The creator economy is notorious for burnout. A true 360° approach recognizes that your health, relationships, and quality of life are part of your business strategy.


The Many Ways Creators Make Money in 2026

The most exciting (and overwhelming) part of being a creator today is the sheer number of possible revenue streams. To help you navigate, I’ve organized them into categories. Think of this as your Creator Economy Playbook.


A. Platform-Dependent Monetization

This is where many creators start, because the tools are built into the platforms they already use.

  1. Ad Revenue – From YouTube’s Partner Program to podcast ad networks, ads remain the most visible form of creator income. But they’re volatile. A change in algorithm or advertiser policy can cut your income in half overnight.
  2. Affiliate Marketing – Recommending products you use and earning a commission. Low barrier, but requires trust. Works best for niche creators with authority.
  3. Tipping / Fan Support – Tools like Buy Me a Coffee, Twitch Bits, and YouTube SuperChats allow fans to contribute directly. Great for live streams and loyal audiences.

Verdict: A good entry point, but fragile. Platform-dependent income should never be your only strategy.


B. Direct-to-Audience Revenue

This is where the real power lies. By selling directly to your fans, you own the relationship and keep control.

  1. Merchandise & Print-on-Demand – T-shirts, mugs, hats. Easy to start, low upfront cost, but often low margins. Works best for creators with strong brand identity.
  2. Digital Products – Templates, sound packs, Lightroom presets, e-books, stock footage. Digital products scale infinitely and create high-margin income.
  3. Online Courses – Cohort-based or evergreen courses are among the most profitable creator offerings. They position you as an authority and can command premium pricing.
  4. Membership Communities – Private groups (Patreon, Circle, Kajabi) with exclusive content, Q&A, or networking. Recurring monthly revenue provides stability.
  5. Paid Newsletters – Substack and Beehiiv have proven that audiences will pay for valuable insights delivered consistently.

Verdict: Every serious creator should aim to build at least one direct-to-audience revenue stream. This is how you take control.


C. Brand Collaborations

Brands are eager to work with creators — but only if you approach it professionally.

  1. Sponsorships – One-off deals to promote a product or service. Can be lucrative, but requires strong negotiation skills.
  2. Ambassadorships – Longer-term, retainer-style partnerships where you represent a brand over months or years. Creates stability and deeper collaboration.
  3. Content Licensing – Selling your videos, photos, or audio to brands for use in their campaigns. Passive once libraries are built.

Verdict: Brand deals are powerful, but they require contracts, deliverables, and clear payment terms. Never rely on handshakes.


D. Intellectual Property & Licensing

This is where creators turn their ideas into assets.

  1. Trademarks & Brand Licensing – Protect your brand, then license it to others. Think “Podcast Prenup™” as a brand that sells contracts, guides, and templates.
  2. Franchising / White-Labeling – Teach others to replicate your course, method, or system under your brand.
  3. Book Publishing – Books build authority, drive speaking gigs, and create a new revenue stream.
  4. Licensing Characters & Storylines – Creators in entertainment can license IP for films, games, or merchandise.

Verdict: The big opportunity for 2026 is in treating your work like intellectual property — because it is.


E. Services & Consulting

These are often the fastest paths to cash, though not always scalable.

  1. Coaching & Consulting – Whether it’s business, fitness, art, or podcasting, audiences will pay for personal access.
  2. Freelance Services – Editing, design, copywriting, production. Creators often start here before scaling up.
  3. Agency Models – Scaling freelancing into a company with a team. High ceiling, but requires management skills.

F. Media Expansion

Creators are increasingly breaking into traditional media and consumer products.

  1. Film & TV Development – Selling rights to your show, format, or character.
  2. Podcast Networks – Joining or building networks that aggregate ad deals.
  3. Creator-Led Brands – Launching products under your brand, like MrBeast’s Feastables or Emma Chamberlain’s coffee.

G. Investment & Equity Plays

This is the advanced creator economy — where influence translates into ownership.

  1. Equity Deals with Startups – Accepting shares instead of cash for promotion. Risky, but potentially life-changing.
  2. Joint Ventures – Partnering with other creators or businesses to build new companies.
  3. Creator-Led Startups – Launching your own business, backed by your audience.

H. Live & Experiential

Digital is powerful, but live events create deeper connections.

  1. Events & Meetups – Ticketed live recordings, fan gatherings.
  2. Workshops & Masterclasses – High-ticket teaching sessions.
  3. Retreats – Immersive, premium events for small groups.
  4. Touring & Live Performances – Especially powerful for comedians, musicians, and podcasters.

I. Community-Driven Models

Fans increasingly want to feel invested.

  1. Crowdfunding – Kickstarter or Indiegogo campaigns for specific projects.
  2. Patronage – Ongoing support via Patreon or Ko-fi.
  3. Tokenized Communities / DAOs – Still experimental, but some creators are building token economies around their communities.

How to Choose Your Revenue Streams

With so many options, it’s easy to feel overwhelmed. The key is to be strategic.

  • Start small. Pick 1–2 revenue streams that align with your brand and audience.
  • Expand gradually. Add streams as you build systems to support them.
  • Test with the 3-Lens Framework:
    1. Does this align with my brand values?
    2. Can it scale beyond trading time for money?
    3. Does my audience want this?

Think of it like building a portfolio. Diversify, but don’t scatter your energy across too many directions at once.


Case Studies: Lessons from the Frontlines

  • The YouTuber Who Relied on Ads – When their channel was demonetized, their six-figure income evaporated. They had no backup plan. Lesson: platform-dependent revenue is fragile.
  • The Podcaster Who Secured Their Trademark – By owning their brand, they were able to license it into books, merchandise, and spin-off shows. Lesson: legal foundations create leverage.
  • The Creator Who Built Systems – By hiring an editor and using automation, they freed up 20 hours a week and scaled from part-time hustle to full-time business. Lesson: you can’t grow without systems.

The 2026 Imperative

The next era of the creator economy will be defined by three forces:

  • AI Disruption. Tools make creation faster, but competition fiercer. Standing out requires strategy, not just speed.
  • The Trust Recession. Audiences are skeptical. Authenticity and professionalism win.
  • Legal & Regulatory Pressure. From FTC disclosure rules to copyright lawsuits, creators who ignore the law will pay the price.

Creators who succeed will be those who embrace the 360° approach — building professional, resilient businesses that can adapt to change.


Final Word

The days of “just create and the money will follow” are gone. If you want to thrive in 2026 and beyond, you need to think like an entrepreneur. You need a wheel with many spokes: content, legal, revenue diversification, systems, and sustainability.

Your job isn’t just to make content. Your job is to build a business. And the question isn’t if you need to take a 360° approach — it’s which spoke of the wheel you’ll build next.

Need some advice and help developing and protecting your 360-degree creator driven business? Schedule a consultation at https://firemark.com/scheduling

No thanks, Skynet – AI lawyering gone wrong

Sometimes we need protection from ourselves.

I recently heard a story about a law firm that sent a trademark infringement notice on behalf of one of its clients. Nothing extraordinary about that, but the response they received was a disaster.

It seems that the recipient of this cease and desist demand thought they could save some money. Thought they could handle it themselves using AI.

The AI crafted a very legal sounding response. Trouble is, it was loaded with bogus citations and fake legal arguments. It clearly didn't understand how the concepts it was citing actually apply in practice.
You see, AI is very good at regurgitating information that seems related to the prompt, but it's not good at discernment, judgment, or understanding the interplay of the various principles

AI Generated image shows how AI lacks the ability to interpret nuance.
AI Generated image shows how AI lacks the ability to interpret nuance.

ChatGPT and its brethren are just not able to replace the experience and judgment that humans bring to the equation. Maybe that will change in the future as these tools develop further, but for now it's not a substitute or replacement. And, this person that used GPT instead of knowledgeable counsel, remains completely uneducated about his own rights and how to protect himself.

As a result, this use of AI has resulted in a situation that will cost both of the parties to the dispute more. More time. More effort . More money.

In all likelihood, this counter party will find himself a defendant in a costly, drawn out, and totally unnecessary lawsuit.

I've seen this in my own practice recently as well. Clients and counter parties alike seem to think that merely spouting a few legal principles will get the job done. It doesn't. It just makes things worse. One client, not long ago, used an AI to analyze a problem in a business relationship, and then to write the other side a strongly worded letter outlining their alleged breach of contact, going on to make threats and demands that the law would never support. The result? The other party filed a lawsuit first, and this client will wind up paying litigation counsel multiples of what was originally at stake. All in the name of saving a few bucks.

You need to fully understand your rights and the consequences of your actions or inaction, before you fire off or respond to a demand. So, if you find yourself in a situation that could lead to a dispute or lawsuit, you need guidance from a real, human attorney, whose training and experience can be brought to bear to identify what matters and develop strategy to properly address it.

And here’s another couple of wrinkles: first off, lawyers have a professional responsibility to do the utmost to protect your interests; AI tools don't. They can't be disciplined or held accountable if their outputs get things wrong and wind up costing you. Secondly, and maybe more important, your communications with AI tools are not private or confidential the way that attorney-client communications are. That means that everything you input can be used to train the systems and inform others, even your adversaries. Maybe that's not such a terrific idea.

So, bottom line: Use AI tools at your own risk. Sure, they're great as a starting off point for research. It's wise to come into situations as well informed as possible, but there's no substitute for the human judgment, experience and wisdom you get when working with an attorney.

This is why I’ve begun offering bundled service packages and fractional counsel options that protect your interests and give you access to me at low, predictable cost. No need for the uncertainty of hourly billing or large deposits, just an open channel to me for the advice you need, when you need it.

Interested? ​Reach out ​to me and we’ll talk about how we protect you, not just from outside threats, but from yourself, too.

The Truth About Using Music in Your Content (and Staying Legal)

Music makes everything better. It sets the mood, grabs attention, and makes your podcast or YouTube video feel polished. But here’s the truth: using music without permission is one of the fastest ways to get your content flagged, taken down, demonetized — or worse, sued. Every week I hear from creators who thought they were… Continue Reading

The Top 5 Legal Mistakes Creators Make in Partnerships and Collabs

Creators love to collaborate. Whether it’s two podcasters launching a joint show, YouTubers teaming up for a channel, or filmmakers pooling resources for a project, partnerships can open doors to bigger audiences, bigger opportunities, and bigger impact. But too often, creators dive in with nothing more than enthusiasm and a handshake — and that’s where… Continue Reading

Do I Need to Trademark My Podcast or YouTube Channel?

If you’ve launched a podcast or YouTube channel, you’ve probably put hours into developing a clever name, designing artwork, and building an audience around your brand. But here’s the big question: Do you actually own that name? Should you Trademark your Podcast or YouTube channel The answer depends on trademark law — and whether you’ve… Continue Reading

LLC vs. Corporation: The Smart Creator’s Guide to Choosing a Business Entity

If you’re a creator — whether you run a podcast, YouTube channel, film project, or influencer brand — you’ve probably wondered: Do I need to set up a company? The short answer: yes, if you’re serious about protecting yourself and growing your business. The real question isn’t if, but what kind of entity you should… Continue Reading

The New “No Redlines” Trend in Creator Contracts Is a Legal and Ethical Minefield

A recent Marketing Brew article reports that more brands are refusing to allow “redlining” in influencer and creator contracts. Then, just a few days after reading the article, I was confronted with a major brand taking exactly the same approach. When I reached out to the company to go over a few simple notes that… Continue Reading

Here’s What Happens in a Legal Strategy Session with an Entertainment Lawyer

Here’s What Happens in a Legal Strategy Session with an Entertainment Lawyer

If you’re a creative professional, here’s what to expect (and why it’s not as scary as you think) Let’s be honest: the idea of talking to a lawyer doesn’t usually top anyone’s to-do list—especially if you’re a creative entrepreneur, filmmaker, podcaster, or content creator. You’re used to building, innovating, and experimenting. You want freedom, not… Continue Reading

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