Differentiating itself from conventional print and electronic media, social media is equipped with various tools. Tools for sharing as well as disseminating material and data around the world, as well as tools for communication and information exchange, are two distinctive elements of social media. Social media is a tool that has greater influence than conventional media because of these two factors. Social media influencers or content producers are well-known, influential, and qualified enough to persuade those within their online social circle. They use social media platforms like Instagram, Facebook, YouTube, Twitter, Snapchat, TikTok and Pinterest, among others, to earn money from advertising, product promotional opportunities, as well as other revenue streams. Since there are always two sides to the coin, the increasing popularity has also resulted in a number of Intellectual Property infringements, and hence, the need for awareness has grown too. Read further to know more!
Who is a social media influencer?
The people who are well-known, potent, and relevant enough to influence others within their online social network are known as social media influencers or creators. They use social media platforms like Instagram, Facebook, YouTube, Twitter, TikTok, Snapchat, Pinterest, and many others to make money through advertising, product endorsements, and other revenue streams. One of the most powerful and successful forms of promotion and advertising is social media influence. Influencers, YouTubers, and other artists, however, are more vulnerable to specific legal dangers affecting Intellectual Property Rights (IPRs) as social media platforms grow more dynamic and open to everyone.
Why should Social Media Influencers Know Intellectual Property Rights?
Due to these social media platforms’ widespread use and ease of access, plagiarism of content and unauthorized use of trademarks and brand names have become commonplace. IPRs of all kinds, including trademarks, copyrights, domain names, brand names, etc., are relevant to social media influencers. There are two crucial factors to take into account while discussing IP implications for social media influencers, which are as follows:
1. First and foremost, it is crucial to make sure that the influencer’s social media activities comply with IPR laws and do not violate the IPRs of firms, celebrities, musicians, or films.
2. Second, the influencers are required by the pertinent Intellectual Property (IP) regulations to safeguard their content, distinctive identity, domain names, and even hashtags.
Other reasons include:
3. Prevents others from using your original material as their own.
4. Obtain ownership documentation from the authorities.
5. Safeguard your own content not just at home but also abroad.
6. Construct intangible resources
7. Make a name for yourself in the industry.
8. Maintain your unique brand identity.
What types of intellectual property should influencers register?
1. Copyright – Among the most vital strategies for safeguarding content posted on social media seems to be copyright. This is due to the fact that original literary, artistic, composer, dramatic, and cinematic works of all sorts fall under the purview of copyright. Everything is therefore covered by Copyright Act, 1957, whether it’s your original reel, a piece of music, a Video posted on youtube, an artwork you published, or a piece of writing you produced as an influencer of social media. As a piece of literature, even a tweet is safeguarded by copyright. There is a copyright on all original content. When users create fresh, unique content, copyright law is used to safeguard it. However, it is constantly advised to submit an application for copyright registration to obtain official documentation of ownership, the certificate of registration is prima facie evidence of ownership. However, the registration of copyright is not mandatory under the law.
2. Trademark – Distinct brand identification is crucial in today’s marketplace for all types of businesses. Social media influencers who profit significantly from digital marketing must also safeguard their own brand identities. The most efficient way to accomplish this is by filing for a trademark Registration. Trademarks cover usernames on social media sites, YouTube channels, and Instagram manages.
3. Domain Names – Domain names are simple to memorize and utilize. Simply said, a domain name is a company’s “online identity.” Each website has a domain name that serves as an access point and an address. In most cases, domain names begin with a business name and end with.com,.org,.gov,.net,.in, etc.
In general, if a domain name satisfies all requirements for trademark registration, it may also be registered as a trademark. Once a domain name is registered, the owner will be granted all the legal rights and power that are typically only granted to those who own registered trademarks. As a result, social media influencers and content producers should select a domain name after verifying that it is available and that it is the name they want to use.
How can Influencers Protect their IP?
To ensure that their original content, which is available free to millions of individuals online, is protected, social media influencers, makers, and YouTubers must also take this step. Influencers are able to perform their Intellectual Property as well as register. Online aliases, symbols, slogans, logos, series names, and even hashtags might all qualify for trademark protection. Copyrights may be applicable to original audiovisual works such as films, images, textual content, artistic work, audio recordings, and videos. In addition, a right of publicity can be established to prevent the unauthorized utilization of an influencer’s name, image, or likeness.
The ideal course of action for influencers is to file a copyright application for their work as soon as it is created, as well as a trademark application for their channel or their name as soon as they start using it on Social media in association with their content.
Some famous examples are:
- Lele Pons, a well-known YouTuber, for instance, has filed a trademark application with the USPTO (the United States Patent and Trademark Office) under Class 41 (entertainment services).
- Kylie Jenner is also registered as a trademark holder under Class 35 for “Advertising services, namely promoting the brands, goods, and services of others; endorsement services, namely promoting the goods and services of others.”
Influencers on social media should also read and comprehend the terms of service for each social media site where they plan to post information. A social media platform may be granted ownership and control over materials submitted or shared to it by certain terms of use or services. Before starting to publish one’s original content, it is essential to have a well-thought-out strategy because some websites allow users to own their uploaded content.
Damages can only be recovered from the date of registration (which can take a while) in the case of copyright, where certain nations’ laws require copyright registration before any monetary damages can be recovered for the violation of copyright.
Who holds the rights for IP’s created for the purpose of Influencer Marketing?
Social media influencers enter into contracts with various brands under which they agree to produce original content for the brands in order to promote their goods. Who holds the right to a particular piece of content is typically decided by the deal signed between both the influencer and the brand they are promoting. Except otherwise specified in the agreement, the brand/business must therefore own the rights to all forms of content created for marketing. The original artist, i.e., the Influencer, holds the rights to their content if there is no specific clause in the agreement. That is among the justifications for having a professional draught a service-level agreement.
The Future of Digital Content Protection on social media
Recently, there has been increased discussion regarding how NFTs may affect the safeguards of content creators’ and influencers’ intellectual property. NFTs, or “non-fungible tokens,” appear to be blockchain-based rewards for proving the authenticity of online physical goods like pictures, music, and videos, as well as visual elements (and other digital content). Content creators are still safeguarded by copyright law regardless of whether NFT is their original work or if they recommend combining copyrighted works with the work of another artist.
Since the social media world gave us all the opportunity to share content and post our own works, the laws governing intellectual property cases have changed significantly. Although the problem of intellectual property on social sites is complicated, it can be successfully handled by taking the necessary precautions for compliance and safeguards. Likewise, the infringer’s unauthorized utilization of one’s trademark registration in a way that endangers their unique feature or legacy is incompatible with ethical business or industrial practices.
Naseem Sheikh is a trademark enthusiastic and has been practicing intellectual property law for close to six years.
