Legal Review of a YouTube Freelancer Agreement in Korea: Structuring Contractual Risks for Content, Channel, and DB Ownership

Client Information

Corporate / Business Entity

 

Case Details

The client was a company planning to engage an external freelancer for YouTube channel operations, content production, viewer inquiries, and marketing-related tasks in Korea.

The existing freelancer agreement included basic provisions on the freelancer’s status, service fees, termination, and confidentiality.

However, given the nature of the work, further legal review was required on employment classification risks, restrictions on outside work, ownership of content and channel assets, handling of personal data, and potential regulatory issues related to investment-related content.

Because the project involved YouTube videos, thumbnails, scripts, channel access, and viewer databases, it was important to clearly define ownership and responsibilities at the contract stage.

1. Review of Employment Classification Risks

Decent Law Firm reviewed whether the freelancer arrangement could be misunderstood as an employment relationship under Korean law.

Under the Korean Labor Standards Act, whether a person is treated as an employee depends not only on the contract title, but also on how the work is actually performed, including the level of supervision, control, and payment structure.

Decent advised that the agreement should clearly reflect the freelancer’s independence, including autonomy over work methods, time, and place, as well as a fee structure based on deliverables rather than working hours.


2. Adjustment of Non-Compete and Outside Work Restrictions

The original agreement contained a broad restriction on outside work.

Decent reviewed this provision and advised that a blanket ban on all outside work could be inconsistent with the nature of an independent contractor relationship.

The clause was revised to focus on direct conflicts with the company’s business interests, such as operating a competing YouTube channel or performing substantially similar work for a direct competitor.


3. Clarification of Content, Channel, and DB Ownership

YouTube channel operations generate various business assets, including videos, thumbnails, scripts, account access information, viewer databases, and channel-related data.

Decent advised that the agreement should go beyond a general ownership clause and clearly address copyright ownership, non-exercise of moral rights, transfer of account access, and handover of work materials.

This helped reduce the risk of future disputes over content use, channel control, or database ownership after termination.


4. Personal Data and Confidentiality Safeguards

Because the freelancer may handle viewer inquiries, consultation requests, and contact information, Decent reviewed the agreement from a personal data protection perspective.

The agreement was revised to restrict the freelancer from using customer information, consultation records, or marketing databases for any purpose outside the contract.

Decent also advised adding clear obligations on confidentiality, return or deletion of materials, and continued protection of business information after the contract ends.


5. Regulatory Review for Investment-Related Content

The YouTube channel involved stock and investment-related content, which may raise regulatory concerns under Korean financial regulations.

Decent reviewed potential risks related to misleading statements, exaggerated investment performance claims, individualized investment advice, and content that could be misunderstood as market manipulation.

The agreement was revised to require the freelancer to check legal compliance before uploading content and to clarify responsibility and cooperation obligations if regulatory issues, complaints, or disputes arise.