Can I sell my YouTube channel in Canada?

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Written by For Founders Law, a Toronto firm licensed by the Law Society of Ontario. About us

Short answer

Creators do sell channels and creator businesses, but you're selling a bundle: control of the platform account, the content and its copyright, the brand and any trademarks, and the contracts and audience data that come with it. YouTube moves control through a Brand Account's owner settings, while copyright needs a signed written assignment, so the sale should be documented in a purchase agreement that lists every asset, deals with existing brand deals and handles personal information under PIPEDA's business transaction rules.

A channel sale can be a few thousand dollars between creators or a larger deal for a media business. Either way, the legal work is the same: identify everything that’s being sold, move each piece properly, and decide who is responsible for what happened before the sale.

What am I actually selling?

AssetHow it moves
Control of the channelThrough YouTube’s account and owner settings
Videos, thumbnails, music you own and other contentA signed written copyright assignment
Channel name, logo and brandA trademark assignment, and recording it if registered
Domains, social accounts, newsletter and websiteEach platform’s transfer process
Brand deals, sponsorships and licencesAssignment, with the other party’s consent where the contract requires it
Audience and customer dataOnly within privacy law limits
Revenue going forwardSet out in the agreement, with a closing date

YouTube’s terms of service say using the service doesn’t give you ownership of any aspect of it, including user names. Read the platform’s current terms before you agree a price based on the account itself.

How does control of a YouTube channel move?

Through owner roles. YouTube’s help page on Brand Accounts says every Brand Account has one primary owner, and an owner can make themselves primary owner after they’ve been an owner for 7 days. It also warns that deleting the primary owner’s account deletes the channel. Plan the handover in steps: add the buyer as an owner, wait out the period, transfer primary ownership, then remove yourself, with payment or escrow timed to match.

Because the channel account and the copyright are different things. Under section 13(4) of the Copyright Act, an assignment of copyright isn’t valid unless it’s in writing and signed by the owner. If editors, co-hosts or freelancers made your content, check that you actually own it: without their written assignment, you may not have the rights you’re selling. Music, clips and images you licensed usually can’t be passed on unless the licence allows it. See can I use copyrighted music in my videos.

What about the channel name and brand?

A trademark, registered or not, can be transferred with or without the goodwill of the business under section 48 of the Trademarks Act. Include it in the assignment, and if it’s registered or applied for, ask the Registrar to record the transfer. If the channel is your own name, decide what the buyer may do with it, and what you can still do under your own name afterwards. See naming your startup after yourself.

Can I sell my email list or audience data?

Only within PIPEDA’s limits. Section 7.2 of PIPEDA lets parties to a prospective business transaction share personal information without consent if they agree to use it only for the transaction, protect it, and return or destroy it if the deal doesn’t go ahead. After closing, the buyer may use it only for the purposes it was collected for, must give effect to withdrawn consent, and must notify individuals within a reasonable time. The exception doesn’t apply where the main purpose or result of the deal is buying or selling personal information, and CASL consent rules still apply to commercial emails the buyer sends. See does CASL apply to my emails.

What should the purchase agreement cover?

  • A complete list of assets, and anything excluded.
  • Price, payment timing, any earn-out, and escrow.
  • The step-by-step handover of accounts and credentials.
  • Copyright and trademark assignments, and moral rights waivers from you and anyone who made the content.
  • Which brand deals move to the buyer, and who keeps payments already earned.
  • Statements about strikes, claims, disputes and audience numbers, with remedies if they’re wrong.
  • Responsibility for content and obligations before and after closing.
  • Any non-compete or non-solicit on you, and whether you’ll appear in future content.

Should I sell the channel or the company?

If the channel and its contracts are already owned by a corporation, the buyer may buy the shares instead of the assets. That moves everything at once, including liabilities, under a share purchase agreement. Tax treatment differs between the two, so ask your accountant before agreeing the structure. See should I incorporate as a content creator.

What to do next

If a buyer has sent you their agreement, we review it as a contract review, starting at $400.

This guide is general information about Ontario and Canadian law, not legal or tax advice for your situation. To talk through a sale, book a free 15-minute consult.

Sources

  1. YouTube Help: Change channel owners and managers with a Brand Account
  2. YouTube Terms of Service
  3. Copyright Act, s. 13 (written assignments)
  4. Trademarks Act, s. 48 (transfer of trademarks)
  5. PIPEDA, s. 7.2 (prospective business transactions)