Legal Considerations for Digital Assets

Jun 01, 2025

As digital assets grow in value, whether they’re blogs, ebooks, courses, art, or affiliate websites, so do the legal responsibilities that come with owning and profiting from them. Just like a brick-and-mortar business needs licenses and contracts, your online creations need the right protections, too. This article contains what every digital asset owner should know.

1. Copyright and Intellectual Property Rights

Copyright gives you the legal right to control how your original work is used, shared, and sold. That includes blog posts, videos, images, ebooks, course materials, logos, and more. If it’s your creation, it’s your intellectual property, which means others can’t legally use it without your permission. You don’t need to register copyright to own it, but registration adds stronger protection in court.

2. Terms of Service and Account Ownership

Most digital platforms (like Etsy, YouTube, Canva, or WordPress) operate under their own Terms of Service, which are legally binding rules you agree to when you create an account. These terms can define what you own—and what you don’t. For example, some platforms may limit your ability to monetize content or even remove your account entirely. Understanding this helps protect your time, content, and income.

You can further protect yourself with Terms of Service for your accounts on those platforms. Substack, for instance, allows users to create their own additional Terms of Service and other legal documents on top of what they provide to users. Most market platforms have added this feature to their seller accounts.

3. Taxes on Digital Income

Even small amounts of online income are taxable. Whether you earn from ads, affiliate links, digital downloads, or paid subscriptions, the IRS (and many state revenue agencies) expect you to report and pay taxes on your income. Digital asset creators may also qualify for business deductions, self-employment tax obligations, and even quarterly estimated taxes. Taxes are a key piece of your business setup.

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Why Legal Protections Matter

When you protect your digital assets, you’re protecting the time, creativity, and income you’ve invested. Legal protections help you:

Defend against content theft or plagiarism
Prove ownership in a dispute
Legally transfer or sell your assets in the future
Keep your accounts from being shut down unfairly
Stay compliant with tax laws and platform rules

Even one missing document or one unclear policy can lead to income loss or legal problems.

What to Include and Where to Find It

Here are some practical ways to provide legal clarity on your website or other digital property (none of the links below are affiliate links):

Copyright Notice – Add “© [Your Name or Business] [Year]” in your website footer so that it is displayed on every page within your website.
Privacy Policy – Especially if you collect emails or use analytics. You can generate one with tools like Termly or PrivacyPolicies.com. These resources are not free, and sometimes it helps to have a face behind the bundle. Try Maria, the attorney who produces legal bundles for digital assets through The Legal Apothecary.
Terms of Use – Outline how people may (or may not) use your site, content, or downloads.
Platform Terms – Read and save copies of the Terms of Service for platforms you use.
Trademark Notices – If you have a brand name or logo, include your registration status (™ or ®) if applicable.

For U.S. copyright registration, visit copyright.gov. For tax information, see IRS.gov - Gig Economy Tax Center.

Why You Can’t Skip the Legal Stuff

Digital assets are income-producing tools. That means they're legally similar to businesses, and businesses are required to follow the rules—whether that’s paying taxes, protecting intellectual property, or clearly communicating terms to users.

Skipping legal steps can result in:

Content being stolen or misused with no easy way to stop it
Account bans for violating unclear platform rules
Tax penalties for unreported income
Loss of potential buyers if you ever want to sell your digital asset

Think of your digital presence like a storefront: if it’s open to the public, it needs legal signage, tax filings, and operating rules.

Changing Environments

Website legal requirements change constantly, especially in contentious legal environments. In 2025, websites need to ensure compliance with the following:

Accessibility standards like WCAG 2.1 Level AA
Privacy regulations like the California Consumer Privacy Act (CCPA) and General Data Protection Regulation (GDPR)
Security standards like Payment Card Industry Data Security Standard (PCI DSS)

Websites should have clear privacy policies, cookie consent banners, and provide accessible navigation and content for users with disabilities.

Takeaway

Your digital assets are valuable, both legally and financially. Protecting them isn’t just smart, it’s necessary. With a few clear documents and an understanding of your rights and responsibilities, you can build your digital presence with confidence, knowing it's secure, professional, and legally sound.

A Note: Please don’t get overwhelmed, as I did. As you build your content, also build a relationship with the company or person who supplies you with legal documents you need (require) for your digital assets. It’s worth it to not go it alone.

Absolute necessities? Privacy Policy, Terms of Service, and a Cookie/Policy/Notice. Accessibility is required for government websites and organizations receiving federal funding in some regions, but you can also considered accessibility a best practice. Specific requirements may vary based on your website's purpose, location, and target audience. Attorneys familiar with digital assets can do nothing but improve your mental health regarding these issues. Oh, and also an accountant.

AI-Generated Content and Copyright Law: What We Know: AI-generated content isn’t protected by U.S. copyright laws. But there are still a lot of legal questions to untangle. (Built In)
Legal Requirements Relevant to Your Website: A Comprehensive Guide. (accessiBe)
List of 9 Legal Requirements for Websites and Tips to Meet Them. (Termly)
Legal Protection for your Online Course. Sam Vanderwielen is another resource for legal bundles as well as education. She offers a free course on "5 Steps to Legally Protect Your Online Business". (Sam Vanderweilen)
How to Protect Your Online Course or Digital Product in 2025 (Easy to Understand) (Coaches & Company)
Sales Tax on Digital Goods: State by State (2025). Sales of digital goods are taxed in most states and jurisdictions. This site offers a table including the states and percentage of tax as well as other pertinent information. (Numeral)

Photo by KATRIN BOLOVTSOVA at Pexels.

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Legal Considerations for Digital Assets