Co-producing digital courses is a powerful business model that brings together expertise and execution. A subject-matter expert creates the content, while the co-producer ensures the course is structured, marketed, and sold effectively. But while enthusiasm often drives these partnerships, overlooking the legal aspects can put both sides at risk.
Without proper agreements, even a successful launch can turn into a nightmare: disputes over ownership, disagreements about revenue, or legal action from students. Understanding the key legal considerations ensures your partnership is secure and sustainable.
Why Legal Matters Shouldn’t Be Ignored
Many co-production partnerships start informally. The creator and co-producer agree verbally, get to work, and only think about contracts after problems arise. This is dangerous.
Legal preparation helps:
- Protect intellectual property (videos, scripts, designs).
- Clarify responsibilities and rights.
- Define how money is shared.
- Provide mechanisms for dispute resolution.
- Build trust between partners and with students.
Taking care of the legal framework upfront might feel like extra work, but it protects your business and prevents expensive mistakes later.
Key Legal Areas in Course Co-Production
1. Intellectual Property (IP) Rights
The core of any online course is the content—videos, slides, worksheets, and branding. The question is: who owns it?
Typical approach:
- The creator owns the educational material (knowledge, scripts, lessons).
- The co-producer may own assets like sales funnels, landing pages, or marketing copy.
To avoid disputes, specify in writing:
- Who owns the course content.
- Whether content can be reused outside the partnership.
- What happens to the content if the partnership ends.
If ignored, one partner may repurpose content without consent, creating financial and reputational conflicts.
2. Revenue Sharing
How revenue is split is often the most sensitive issue. Legal agreements should cover:
- Revenue percentages (50/50, 60/40, etc.).
- Whether the split applies to gross or net revenue.
- Who is responsible for expenses like ads, hosting, and payment fees.
- Payment schedule (monthly, quarterly).
- Transparency measures (access to dashboards, shared accounts).
A legally binding revenue-sharing clause eliminates ambiguity.
3. Contracts and Agreements
The foundation of any co-production project is a contract. At minimum, it should cover:
- Roles and responsibilities of each partner.
- Ownership and usage rights.
- Revenue sharing and expenses.
- Deadlines and deliverables.
- Termination clauses.
- Confidentiality agreements.
Even a simple written agreement is far safer than verbal promises. For bigger projects, involving a lawyer is wise.
4. Liability and Warranties
Online courses are educational products, not professional certifications. To protect both creator and co-producer, agreements should include:
- Disclaimers: Clarify that the course is for educational purposes only and not legal, medical, or financial advice.
- Limitations of liability: State that neither partner is responsible for indirect damages (e.g., loss of income by a student).
- Refund policies: Define clearly what refunds are allowed and under what conditions.
This protects both partners from lawsuits or unrealistic student expectations.
5. Data Protection and Privacy
Courses involve collecting student data (names, emails, payment details). You must comply with data protection laws such as:
- GDPR (Europe).
- CCPA (California, USA).
Legal considerations include:
- Clear privacy policies on your website.
- Secure storage of student data.
- Not sharing student data with unauthorized third parties.
- Providing students the option to opt out of communications.
Non-compliance can lead to hefty fines and reputational damage.
6. Platform Terms and Policies
Most courses are hosted on third-party platforms like Teachable, Thinkific, or Kajabi. Each has terms of service that affect:
- Refund policies.
- Payment distribution timelines.
- Intellectual property rights.
- Prohibited content (e.g., health claims, financial promises).
Read these carefully. Violating platform terms can result in course removal or account suspension.
7. Trademarks and Branding
Your course’s name, logo, or slogan may need trademark protection, especially if you plan to scale. Without it, competitors could copy your brand.
Key steps:
- Check that your course name doesn’t infringe on existing trademarks.
- Consider registering your course name as a trademark.
- Define in the agreement who owns the brand if the partnership ends.
Brand disputes can be as damaging as content disputes, so clarify ownership early.
8. Taxes and Financial Responsibilities
Revenue from courses is taxable income. Agreements should clarify:
- Who issues invoices and collects payments.
- Which partner is responsible for tax reporting.
- Whether taxes are deducted before or after revenue splits.
Consulting an accountant ensures compliance and prevents costly surprises.
9. Dispute Resolution
Even with the best planning, disagreements happen. Instead of risking lawsuits, agreements can include:
- Mediation: A neutral third party helps resolve conflicts.
- Arbitration: A binding resolution without going to court.
- Jurisdiction: Which state or country’s laws govern the contract.
This provides a roadmap for resolving conflicts without destroying the partnership.
10. Exit Strategy
Not every partnership lasts forever. An agreement should define:
- What happens if one partner leaves.
- Whether one party can buy out the other.
- How course ownership and revenue are handled after termination.
- Whether students still have access to the course.
A clear exit strategy protects both sides and ensures continuity for students.
Best Practices for Legal Security in Co-Production
- Always put it in writing: Never rely on verbal agreements.
- Keep it simple but complete: Use clear language, not legal jargon.
- Review regularly: Update agreements as the business grows.
- Hire professionals: A lawyer or accountant can save you more money than they cost.
- Communicate openly: Contracts set the structure, but trust and communication keep partnerships healthy.
Example Scenario
Two partners launch a course on productivity:
- The expert records lessons.
- The co-producer builds the funnel, manages ads, and supports students.
- They agree on a 50/50 split of net revenue, deducting ad spend and platform fees first.
- The creator owns the course content; the co-producer owns the funnel design.
- They agree to renew the partnership after one year or allow either partner to exit with 30 days’ notice.
This arrangement is clear, fair, and legally sound.
Final Thoughts
Course co-production is full of opportunity, but without legal clarity, it can become a source of stress and conflict. Addressing legal aspects from the beginning ensures both creator and co-producer are protected, motivated, and aligned.
From intellectual property rights and revenue sharing to data protection and dispute resolution, every detail matters. A win-win legal framework not only protects your business but also strengthens the partnership, paving the way for long-term success.
If you’re serious about co-producing courses, treat legal matters with the same importance as content and marketing. The investment in legal security today could save your business tomorrow.