Co-Creator Conflicts | Revenue Splits, Channel Control & IP Rights
If no written agreement exists, default rules apply:
| Asset | Ownership Rule | Why |
|---|---|---|
| YouTube channel | Whoever created/registered the account owns it | YouTube ToS: account owned by registrant; can't be "jointly owned" |
| Podcast RSS feed | Whoever registered with hosting platform owns it | Account ownership determines control |
| Show name/trademark | First to use in commerce (or whoever registered trademark) | Trademark law: rights vest in first user or registrant |
| Episode content (copyright) | Joint authors IF both contributed copyrightable expression | Copyright law: joint authorship requires intent to merge contributions |
| Revenue (ad revenue, sponsorships) | Whoever receives payment (account holder) | No implied revenue-sharing unless partnership agreement |
| Social media accounts | Whoever created/controls login credentials | Platform ToS: personal account ownership |
Joint work (17 U.S.C. § 101):
NOT joint work (individual ownership):
If partnership exists (even without written agreement):
Evidence of partnership:
NOT a partnership:
Common revenue sources & ownership issues:
| Revenue Source | Payment Goes To | Sharing Obligation |
|---|---|---|
| YouTube AdSense | Google AdSense account holder (channel owner) | If partnership/joint work, must share with co-creators per agreement or 50/50 default |
| Podcast ad networks (Megaphone, Podcorn) | Account holder who signed up | Must share if partnership; individual keeps if no partnership |
| Sponsorships (direct brand deals) | Whoever signed deal with brand (often both parties sign) | Split per deal terms or partnership agreement |
| Patreon/membership platforms | Account holder | Must share if partnership or if show is joint work |
| Merchandise sales | Store account owner (Shopify, etc.) | Must share if using show IP owned jointly |
| Affiliate commissions | Affiliate account holder | Must share if partnership or if promoted on jointly-owned show |
| Structure | Ownership | Revenue Split | Control |
|---|---|---|---|
| Equal partnership (handshake) | 50/50 on all assets | 50/50 on all revenue | Joint decisions on major issues |
| Majority/minority split | e.g., 60/40 or 70/30 | Same as ownership % | Majority owner has final say |
| Founder + contributor | Founder owns channel/IP; contributor has no ownership | Contributor paid salary/fee (no profit share) | Founder controls; contributor is employee/contractor |
| LLC or Corp | Entity owns channel/IP; creators own % of entity | Per operating agreement/bylaws | Per operating agreement/bylaws |
| Host + network | Host creates content; network provides distribution/promotion | Revenue split per network deal (often 70/30 or 80/20 to host) | Network controls distribution; host controls content |
Scenario: One co-creator locks other out of accounts after falling-out
Example: Alex and Jordan co-host podcast "The Daily Deep Dive." Alex registered podcast hosting account, YouTube channel, and social media in Alex's personal name. After disagreement, Alex changes passwords, locks Jordan out, continues producing show solo.
Jordan's claims:
Alex's defenses:
Resolution paths:
Scenario: One co-creator receives all platform revenue, doesn't share with other
Example: Taylor and Sam co-host YouTube channel. Taylor controls AdSense account; receives all ad revenue ($10k/month). Taylor claims Sam only deserves payment for "time spent" (3 hours/week × $50/hr = $600/month), not 50% profit share.
Sam's claims:
Taylor's defenses:
Resolution:
Scenario: One co-creator wants out; other won't buy them out or disputes valuation
Example: Casey and Morgan co-created podcast. Casey wants to leave and demands buyout of $100k (50% of what Casey values show at). Morgan offers $10k. Stalemate.
Casey's position:
Morgan's position:
Resolution options:
Scenario: After split, one party continues using show name or IP the other claims to own
Example: Chris and Pat co-created "Tech Talk Daily" podcast. They split up. Chris continues producing "Tech Talk Daily" solo. Pat demands Chris stop using the name.
Pat's claims:
Chris's defenses:
Resolution:
Scenario: After split, dispute over who owns old episodes and can monetize them
Example: Drew and Riley created 200 podcast episodes together over 3 years. They split. Drew (who controls hosting account) keeps all 200 episodes live, earning $3k/month from ads. Riley demands episodes be taken down or revenue shared.
Riley's claims:
Drew's defenses:
Resolution:
If no written agreement specifies revenue split, courts consider:
| Factor | Analysis |
|---|---|
| Partnership existence | If partnership, default = equal split (50/50) unless proven otherwise |
| Contribution levels | Unequal contributions may justify unequal split (but burden on party claiming unequal) |
| Prior course of dealing | If parties previously split revenue 60/40, that becomes implied agreement |
| Communications about split | Texts/emails discussing "50/50" or other split = evidence of agreement |
| Industry custom | Podcast/YouTube co-hosts typically split equally absent contrary agreement |
Contribution-based split arguments:
Common valuation methods:
| Method | Calculation | When Used |
|---|---|---|
| Revenue multiple | 12-36 months of revenue × multiplier (1-3×) | Established show with consistent revenue |
| Profit multiple | 12-24 months of net profit × multiplier (2-5×) | Show with significant expenses |
| Subscriber/listener value | Number of subscribers/listeners × per-user value ($1-$10 depending on niche) | Fast-growing channel with low current revenue but valuable audience |
| Comparable sales | Price similar channels sold for | Active market for podcast/channel acquisitions in your niche |
| Asset-based | Value of back catalog + email list + social accounts + equipment | Show being shut down; liquidation value |
| Future cash flow (DCF) | Present value of projected future earnings | High-growth show with clear trajectory |
Example valuations:
For departing co-creator (seeking maximum buyout):
For continuing co-creator (minimizing buyout cost):
| Structure | Terms | Pros/Cons |
|---|---|---|
| Lump sum | Single payment at closing | Departing: Clean break. Continuing: Large cash outlay |
| Installments | Monthly/quarterly payments over 12-36 months | Departing: Spread out risk. Continuing: Manage cash flow |
| Earn-out | Percentage of revenue for X months (e.g., 25% of revenue for 12 months) | Departing: Share in success. Continuing: Pay only if show succeeds |
| Retained interest | Departing party keeps X% ownership (e.g., 10% forever as silent partner) | Departing: Ongoing income. Continuing: Simpler than buyout |
| Hybrid | $X lump sum + Y% of revenue for Z months | Balances immediate payment with future upside |
Scenario 1: Equal partners, amicable split
Scenario 2: Unequal partners, hostile split
Scenario 3: Deadlock, forced sale
| Platform | Ownership Rule (per ToS) | Multi-Admin Support? | Recovery Options |
|---|---|---|---|
| YouTube | Account owned by Google account holder; can't be jointly owned | Yes - multiple channel managers can be added with varying permissions | If locked out: Contact YouTube support (rarely successful without original owner cooperation) |
| Google AdSense | Account tied to individual or entity (tax ID); can't be shared | Limited - can add users but primary account holder controls | Recovery very difficult without account holder cooperation |
| Podcast hosting (Megaphone, Anchor, etc.) | Account owned by registrant | Varies - some support multi-user access | Platform support may help if you can prove ownership interest |
| Patreon | Creator account owned by registrant | Yes - can add team members with permissions | Contact Patreon with proof of ownership dispute; may freeze account pending resolution |
| Instagram/TikTok/Twitter | Personal account owned by account creator | Limited - Instagram allows adding account access via Business Account | Very difficult to recover; platform rarely intervenes in disputes |
| Spotify (for podcasters) | Account owned by registrant | Yes - Spotify for Creators allows team access | May transfer RSS feed to new host if proven ownership |
Best practices for co-creators:
Immediate steps if locked out:
YouTube Channel Recovery:
Podcast RSS Feed Control:
Social Media Account Disputes:
I represent content creators in podcast and YouTube ownership disputes. Services include: emergency access restoration, partnership dissolution, buyout negotiations, revenue accounting, and litigation for breach of fiduciary duty and conversion.
Book a call to discuss your podcast/YouTube dispute. Whether you've been locked out, partner won't share revenue, or you need help negotiating a buyout, I'll assess your situation and recommend strategy.
Email: owner@terms.law
Podcasts and YouTube channels started by friends, business partners, or co-hosts often begin without formal agreements about who owns what. When the relationship sours, disputes over channel ownership, episode archives, revenue splits, and the right to continue using the show name become bitter legal battles. Without a written partnership agreement, co-creators may find themselves as joint copyright owners of content—entitling each to exploit the work but requiring an accounting of profits to the other. Resolving these disputes requires understanding copyright law, partnership principles, and platform-specific rules for account access.
Under copyright law, when two people collaborate to create content with the intent that their contributions merge into a single work, they become "joint authors" who co-own the copyright. Each joint author can exploit the work (publish, monetize, license) without the other's permission, but must account to the other for profits. This means a co-host who locks you out of the channel and keeps all revenue is violating their accounting duty—even if they technically have the right to post the content. The nuclear option is DMCA takedowns: as a joint copyright owner, you can file takedown notices forcing platforms to remove content. But this is mutually destructive—use it as leverage to force negotiation, not as a first move.
Most creator ownership disputes settle because litigation is expensive and the DMCA nuclear option hurts both parties. Start with a demand letter documenting your contributions to the show, citing joint authorship principles, and demanding: (1) immediate access to accounts, (2) accounting of all revenue since lockout, (3) payment of your share of past revenue, and (4) either a buyout offer or agreement on going-forward revenue split. Set a deadline of 10-14 days before escalating. If the co-creator refuses to negotiate, your options include arbitration, civil litigation for breach of fiduciary duty and accounting, or strategic DMCA takedowns to force them to the table. The threat of taking down content both parties rely on for income is often enough to produce settlement.