Laws vary from state to state and country to country, it is probably best to consult with an attorney that specializes in online business to find out where you stand legally.
We have several attorneys on retainer including some that deal exclusively with internet businesses, IP and intellectual property rights as well as 'standard' legal issues and in our minds it is money well spent.
Legal advice gained on an internet message board is worth exactly as much as you pay for it
Would you feel comfortable standing up in court explaining to a judge how you made your business decision based on a post on an internet message board or, do you think you would look foolish in doing so?
That being said, you may want to get in touch with Chad Belville ( http://www.chadknowslaw.com
) he is a competant attorney that we have used for various licensing issues in the past when it came to online digital content and media.
In terms of having to form an LLC, if you are making money online, you should already have an LLC formed, you are afforded much more protection should something go wrong with your online ventures than if you didnt have an LLC or Corporation setup.
But, like i said, this 'legal' information is worth exactly what you paid for it as of right now.