“I have made conscious efforts to increasingly use original content on social media and now when planning my label, I want to make sure that even my social media profile remains protected from any copycats or imposters,” said Raina. “When corporates or brands approach me for any collaboration, I have started to consult lawyers to make sure that IPR (intellectual property rights) regarding my social media profile remains solid,” she further added.
Increasingly more and more social media influencers are reaching out to lawyers to protect IP rights that they have created on social media and to negotiate better contracts with brands and agencies.
Content creators from the field of cooking to beauty and auto to fitness, on platforms such as Meta-owned Instagram or Alphabet-owned YouTube, are seeking lawyers’ help to protect their IP rights to help them protect brands and even negotiate contracts with brands and other third parties.
“We are witnessing a trend where many social media influencers are approaching lawyers as they feel many brands are misusing their IP rights,” said Viraj Sheth, co-founder and CEO of talent management and digital media firm Monk Entertainment. “Albeit, most such influencers are still unaware of their rights.”
Monk Entertainment manages over 100 creators across diverse categories of fashion, food, comedy, music, and lifestyle including Niharika NM, Your Food Lab, Yashraj Mukhate, and Madan Gowri.
The influencer marketing industry’s value is estimated to reach ‘2,200 crore by 2025, according to a report by influencer.in.
Experts feel that the awareness is not restricted to protecting the influencer’s identity but some of them are making efforts to translate it into consumer brands, which has led to this trend.
Priyanka Khimani, founder of media & entertainment advisory law firm Khimani & Associates, recognised that influencers in India are rapidly catching up with the Western trend of protecting their IP rights. “Increasingly, we are seeing many influencers becoming entrepreneurs and launching their own brands and product lines; or seeking equity participation to promote or invest in other brands and ventures. This is typically when they seek legal help” said Khimani.
“Often, when social media influencers jump on an ongoing trend to create branded content, they inadvertently infringe someone else’s IP rights and, in those situations too, they reach out to lawyers to try and figure out a solution,” she added.
Meghna Kamdar, who runs the channel ‘Meghna’s Food Magic’ on platforms such as YouTube and Instagram said she’s contemplating consulting lawyers for a host of issues.
“A lot of handles download our content and post on their handle without permission; and by removing our names,” said Kamdar. “I am not worried about my brand, because I am a brand. But yes, people do create handles of look-alike names, which we get taken down. Having said that, if I were to do some merchandise or products etc. in future, then yes, it would definitely be an area where legal protection would be needed,” she adds.
