IP RIGHTS FOR SOCIAL MEDIA INFLUENCERS AND CONTENT CREATORS
Aparna Hyanki
Kartikey Chitransh
School of Law, Christ (Deemed to be University), Delhi NCR
I. INTRODUCTION
Over the past few years, the dramatic shifts in social media have given rise to a new class of powerful social media influencers and content creators. These individuals use social media to grow substantial, engaged Facebook, TikTok, Instagram, YouTube, and Twitter followings. Influencers have enormous influence over consumer behaviour since millions of followers eagerly await their content. As such, influencers are incredibly useful resources for brands hoping to capitalise on digital marketing trends. However, the unprecedented growth of social media has brought about many legal challenges, particularly in intellectual property rights. As influencers and content creators generate original content ranging from photos and videos to written posts and audio recordings, protecting their creative works has become paramount. Intellectual property rights, encompassing copyrights, trademarks, and patents, are the cornerstone for safeguarding these assets from unauthorized use or exploitation.
Notwithstanding the significance of intellectual property rights, influencers and creators must contend with various modern legal challenges when attempting to protect and enforce their rights online. The issues are numerous and intricate, ranging from widespread copyright violations made possible by the ease of content sharing to trademark problems brought on by the improper use of corporate logos in sponsored posts. Concerns over privacy and publicity rights have surfaced as influencers strike a careful balance between promoting themselves and honouring the rights of the people they feature in their content.
II. WHY IS IP IMPORTANT FOR INFLUENCERS?
If someone is an influencer and a content creator, their daily content will drive engagement across several platforms. It is essential to realise that published content can be copied and utilised by anybody with an internet connection. So, learning how to protect intellectual property is essential. When creating content, it’s also important to understand that media influencers get the right permissions before using other people’s ideas for pictures, videos, or blog articles.
III. HOW CAN INFLUENCERS PROTECT THEIR IP?
In addition, since their unique work is easily accessible to thousands of people online, social media influencers, artists, and YouTubers should refrain from sharing it. Influencers can register and also perform their intellectual property. Registering hashtags, series titles, taglines, images, and nicknames used online as trademarks may be possible. Copyrights may be used to protect original audio-visual works, written texts, visual arts, films, audio recordings, and other creative works. Furthermore, it is possible to create a right of publicity to stop unauthorised use of an influencer’s name, likeness, or picture. As content has become more widely available in the digital world, particularly on social media platforms, the lines between original material ownership, replication, and distribution have grown increasingly blurred. Despite popular opinion, one cannot simply copy material or pictures from a social media page and claim them as their own; doing so constitutes copyright abuse.
IV. INTELLECTUAL PROPERTY RIGHTS FOR SOCIAL MEDIA CONTENT
1. Copyright Protection for Original Content: Copyright is a legal entitlement that bestows upon authors the only authority to manage their unique creations, encompassing literary, artistic, and digital works. Copyright protection applies to various content types on social media, including textual postings, videos, images, and music. Although copyright is automatically granted to creators at the time of creation, registering a work with the appropriate authorities confers extra legal protections, such as the right to statutory damages lawsuits in the event of infringement. However, copyright enforcement on social networks can be difficult because user-generated content is so common, and sharing on social media sites is so simple.
2. Trademark Protection for Brand Identities: Brand names, logos, slogans, and other identifiers that set one brand apart from another are protected by trademarks. Influencers frequently create personal brands on social media based on their identities or distinctive personas. By obtaining trademark protection, they can stop others from using names or symbols that are confusing to customers. Furthermore, companies that work with influencers could try to shield their trademarks from unapproved use or confusion with rival goods or services. Legal
action against infringement is made possible by trademark registration, which also enhances the reputation and uniqueness of the business.
3. Patent Protection for Unique Inventions or Processes: Although patents are less prevalent in the context of social media content, influencers and producers who create novel tools, software, or procedures for content creation, distribution, or monetization may find value in them. For instance, a novel technique for editing movies or a special algorithm for assessing audience involvement might qualify for patent protection. With the help of a patent, an inventor can stop others from using, producing, or commercialising their creation without their consent for a set amount of time.
4. Overview of Fair Use and Fair Dealing Provisions: Legal theories known as “fair use” (in the United States) and “fair dealing” (in other countries) permit the restricted use of content protected by copyright without the owner’s consent. These clauses cover criticism, commentary, news reporting, research, instruction, and parody. Influencers and content producers in the social media sphere need to be aware of the elements that courts consider when judging whether a given use is fair. These elements include the intent and nature of the use, the type of copyrighted work, the quantity used, and the impact on the original work’s market. Although certain forms of content creation may be allowed by fair use/fair dealing, this complex legal doctrine must be carefully considered to prevent accusations of infringement.
V. PROPOSE SOLUTIONS FOR THE CONTEMPORARY LEGAL ISSUES:
A. Enhanced Copyright Protection:
Promoting Enhanced Enforcement Mechanisms: This entails influencing social media companies to put in place stronger measures to identify and eliminate information that is protected by copyright and that is removed without the required permission. This can entail tougher sanctions for users discovered to be violating copyright, as well as boosting the frequency and potency of content recognition algorithms.
Application of Watermarking Technology: By enabling content producers to incorporate digital IDs or markers into their works, watermarking technology facilitates the tracking and identification of original content. Influencers and content creators should support the widespread deployment of watermarking technology to safeguard their intellectual property and prevent unauthorised usage.
B. Strengthening Trademark Enforcement:
Streamlining Procedures for Reporting Trademark Violations: Simplifying and streamlining the process for reporting trademark violations on social media platforms can help expedite the resolution of infringement claims. This may involve creating dedicated reporting channels or implementing automated systems for handling trademark complaints.
Creating Industry Standards: Protecting brand identity and averting trademark issues can be achieved by creating industry standards and norms for influencer-brand partnerships. These rules could cover things like suggested brand usage, sponsored content disclosure clauses, and how to get consent before showcasing businesses in the material.
C. Legislative Reform:
Creation of a Centralized Database: A centralised database for influencer-brand contracts can enhance transparency and accountability in influencer marketing partnerships. To facilitate the tracking and enforcement of contractual commitments, this database may be used as a repository for terms, agreements, and dispute resolutions related to contracts.
Clarification of Legal Standards: More precise legal advice on matters like the use of people’s likenesses and private information in social media material can go a long way towards assisting influencers and companies in managing legal concerns.
D. Alternative Dispute Resolution Mechanisms:
Promotion of Mediation and Arbitration: Encouraging the use of arbitration and mediation as alternatives to litigation can aid in the quicker and more economical resolution of issues arising between influencers and companies. These non-adversarial conflict resolution techniques can help keep relationships intact between parties and provide a less combative approach to conflict resolution.
Development of Specialized ADR Platforms: More accessible and user-friendly conflict resolution methods can be achieved by creating niche ADR platforms specifically designed to meet the demands of social media influencers. These platforms might provide services like online mediation sessions, professional advice, and methods for resolving disputes that are specifically designed to address the difficulties presented by influencer marketing.
VI. CONCLUSION:
In conclusion, the significance of intellectual property rights for social media influencers and content creators cannot be overstated. These rights serve as the foundation for protecting creators’ original works, preserving brand identities, and fostering innovation in the digital landscape. Without robust intellectual property protections, creators would be vulnerable to exploitation, and the integrity of the influencer industry would be compromised. Going forward, it will be crucial for all parties involved in the influencer ecosystem to work together to put the suggested fixes mentioned in this research into practice. Collaboration between influencers, companies, social media platforms, legal professionals, and legislators is necessary to overcome the current legal challenges confronting the sector and guarantee the preservation and respect of artists’ rights.
Looking ahead, the future of intellectual property protection in the influencer industry holds both challenges and opportunities. As technology continues to evolve and new platforms emerge, the legal landscape will inevitably shift, requiring ongoing adaptation and innovation. However, with proactive measures such as enhanced enforcement mechanisms, education initiatives, legislative reform, and alternative dispute resolution mechanisms, the influencer industry can navigate these challenges and pave the way for a more sustainable and equitable rights, stakeholders can foster a thriving environment where creativity thrives, innovation flourishes, and creators are empowered to realize their full potential in the digital age.
VII. REFERENCES:
| ecosystem for creators and brands alike. | By prioritizing the protection of intellectual property |
| • https://www.iiprd.com • https://www.legalwiz.in • https://www.udemy.com • https://www.copyright.gov/circs/circ01.pdf |
| https://www.uspto.gov/trademarks-getting-started/trademark-basics https://blog.ericgoldman.org/ https://www.law.berkeley.edu/research/samuelson-clinic/right-of-publicity/ https://markshield.in/know-your-intellectual-property-rights-as-social-media- influencers/ https://www.juscorpus.com/wp-content/uploads/2022/09/211.-Sristi-Choudhary.pdf https://www.legal500.com/developments/thought-leadership/intellectual-property-for- social-media-influencers/ |