Author: Ritika Dembla, a student at G.H. Raisoni Law School, Amravati.
INTRODUCTION
In the buzzing world of social media, where each scroll reveals a new trend, a new face, or a viral sensation, there is a hidden treasure of opportunity and creativity. It’s a platform where a single post can start careers, inspire global conversations, and redefine multiple industries. But amidst the flurry of likes, shares, and hashtags, social media influencers need to understand intellectual property rights as a basic idea.
Just like actors, musicians, and artists, social media influencers create content that is uniquely their own. From stunning photographs to engaging videos and compelling captions, their creativity is limitless. But in the wide world of the internet, the distinction between inspiration and infringement can disappear instantly. This brings the question: in a world where every click or comment may make someone famous while potentially causing legal issues, how do influencers keep their creations safe?. This blog focuses on the challenges and opportunities in the intricate world of intellectual property rights, where every photo, video, and hashtag is a valuable asset deserving legal protection.
TYPES OF IP RIGHTS APPLICABLE TO SOCIAL MEDIA INFLUENCERS
COPYRIGHT PROTECTION
Copyright is one of the most significant ways to protect material that is generated online. Social media influencers create content such as photos, videos, blog posts, and graphics, which are automatically protected by copyright law upon creation.
The word “copyright” often known as “author’s rights” refers to the ownership rights that creators have over their own literary or artistic works. Books, music, paintings, films, sculptures, computer programs, databases, advertisements, maps, and technical drawings fall under the purview of copyright law. Therefore, whether it’s an original Instagram reel, a YouTube video, a shared painting, or a written piece crafted by social media influencers, all are automatically protected by copyright. Even something as brief as a tweet is considered as literary work under copyright law. Copyright for social media influencers works similarly to that of other content creators. When they create unique content, whether it’s a photograph, a video, a blog, or any other type of creative work, they automatically hold the copyright to that work. This means that the creators have sole rights to reproduce, distribute, display, and perform the work, as well as the right to create derivate works based on it.
As a social media influencer, understanding copyright law is essential in order to safeguard their own work and ensure to respect the rights of others while sharing or utilizing copyrighted material.
TRADEMARK PROTECTION
A “trademark” is a form of intellectual property that represents specific goods and services provided by a producer through a symbol, sign, label, or design. Media platforms often utilize names and logos to advertise products and services, both visually and verbally. Trademarks are used to identify, distinguish and attribute the origin of a seller’s products and services from others. As influencers build their online presence and create unique content, they unintentionally create valuable intellectual property that deserves to be protected. This is where trademarks come into the picture.
Trademarks are essential assets for social media influencers who want to protect their brand identity, set themselves apart from competitors and build trust with their audience. Whether you are a beauty expert, fitness enthusiast, lifestyle blogger, or a niche content creator, understanding trademarks can help you secure your online persona and prevent others from exploiting your hard-earned reputation. To avoid potential trademark infringement, content creators must obtain explicit authorization from any company whose brand name, logo, or products are featured in a post, webpage, or clip.
DOMAIN NAMES
A domain name is a label that is easily remembered and associated with a particular IP address. It is distinct and recognizable, appearing in email addresses after the @ symbol and in internet URLs after “www.” These names are essential for locating websites and creating an online presence for businesses. Each website has a domain name, which serves as its digital address.
In order to stand out from the crowd and improve their online presence, social media influencers must get a unique domain name. As a result, authors should exercise caution when choosing a domain name, ensuring that it is not already in use or infringing on the intellectual property rights of others. Additionally, they should consider a name that could potentially be trademarked to safeguard their brand.
In essence, domain names may be trademarked if they meet all registration requirements. Once registered, owners enjoy legal rights and protections equivalent to regular trademark holders.
WHY IS IP IMPORTANT FOR INFLUENCERS?
Intellectual property (IP) is crucial for influencers in multiple ways. Firstly, it protects their brand identity, including their name, logo, and content style, ensuring authenticity and trust. Secondly, it safeguards their creative works from unauthorized use through copyright protection. Thirdly, it opens up avenues for monetization through partnerships, sponsorships, and product sales. Furthermore, IP rights empower influencers to take legal action against infringement, preserving their rights and ensuring fair compensation for their work. IP is essential for influencers to maintain their uniqueness, capitalize on their creativity, and defend their interests in the digital landscape.
CASE LAWS
In the landmark judgement of Marico Limited v. Abhijeet Bhansali, Marico Limited sued Abhijeet Bhansali in February 2019 after he posted a YouTube video criticizing Parachute Coconut Oil. Marico alleged that the video featured inaccurate and derogatory assertions, as well as unauthorized use of its trademarks. Despite Marico’s cease and desist notification, Bhansali refused to take down the video fully. Marico claimed that Bhansali’s video damaged their reputation and constituted slander and disparagement.
Bhansali defended his video as his honest perspective and free speech, claiming he wanted to educate consumers. However, the Bombay High Court decided in Marico’s favor, noting that Bhansali’s film lacked due research and featured reckless claims, causing damage to Marico’s brand name. The court denied Bhansali’s claim to freedom of speech, arguing that it does not protect reckless statements. Additionally, the court decided that the Bonnard Principle did not apply since Bhansali failed to demonstrate genuine intent or rationale for his allegations. The court emphasized the responsibility of social media influencers to avoid publishing harmful or offensive content and ordered Bhansali to remove the video from all platforms.
In the case of Petunia Products, Inc. v. Rodan and Fields LLC, the US District Court granted Petunia Products’ trademark infringement action against model and influencer Molly Sims. This verdict suggests that influencers may be held accountable for trademark infringement in relation to the products they endorse.
Petunia Products sued Rodan & Fields for allegedly misleading consumers and infringing on Petunia’s Brow Boost trademark with Rodan’s BROW DEFINING product. Petunia also sued Sims for direct infringement, contributory infringement, misleading advertising, and deceptive tactics in connection with the pirated goods she promoted on her blogs.
Sims filed a motion to dismiss the allegations, stating that third-party sponsors should not be held accountable for trademark infringement unless the usage of the goods is proven to be infringing. The court dismissed Sims’ claims of contributory infringement and false advertising, but allowed Petunia to modify them. However, the court did not dismiss the claims of direct trademark infringement or unfair competition.
The court determined that Sims’ blog post was a sponsored advertisement that transitioned from consumer critique to commercial use. This serves as a reminder to Instagram influencers that they may be held liable for trademark infringement involving the products they promote.
FUTURE OF PROTECTING DIGITAL CONTENT ON SOCIAL MEDIA
There has been an increase in discussion about the implications of Non-Fungible Tokens (NFTs) for protecting the intellectual property rights of influencers and content creators. NFTs, or “non-fungible tokens,” are unique blockchain-based authentication certificates that apply to digital goods created online, such as photographs, music, movies, and graphics. Whether NFTs are original works or composites of copyrighted content from multiple creators, content creators are nonetheless protected by existing copyright laws. This means that artists maintain legal ownership and control over their products, even when using NFTs for authentication and distribution on digital platform
CONCLUSION
Finally, as digital platforms and future technologies such as Non-Fungible Tokens (NFTs) emerge, the world of intellectual property rights (IPR) for social media influencers becomes more complicated and technologically advanced. While influencers continue to benefit from traditional copyright protections for their original content, the use of NFTs requires new verification and distribution considerations. To manage the changing obstacles of the digital ecosystem, influencers must stay up to date on copyright laws, use available tools and platforms to protect their ideas, and collaborate with legal professionals. By proactively protecting their intellectual property rights, influencers can secure the quality and value of their work while also establishing a fair and respectful online environment for both creators and consumers.
