October 26, 2022
Differentiating itself from conventional print and electronic media, social media is equipped with a variety of 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 individuals that 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, Reels, and Pinterest, among others, to earn money from advertising, product promotional opportunities, as well as other revenue streams.
What types of intellectual property should influencers register?
- 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 law.
- Trademark – A 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 different social media sites, YouTube channels, and Instagram manages.
Other ways in which Intellectual Property Rights are important for your online content
- Prevent others from using your original material as their own.
- Obtain ownership documentation from the authorities.
- Safeguard your own content not just at home but also abroad.
- Construct intangible resources
- Make a name for yourself in the industry.
- Maintain your unique brand identity.
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.
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.
CONCLUSION
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
Naseem Sheikh is a trademark enthusiastic and has been practicing intellectual property law for close to six years.
