Social media influencers and intellectual property rights | Ventsislav Stoilov | Skillshare

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Social media influencers and intellectual property rights

teacher avatar Ventsislav Stoilov, Intellectual property manager, lecturer

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Taught by industry leaders & working professionals
Topics include illustration, design, photography, and more

Watch this class and thousands more

Get unlimited access to every class
Taught by industry leaders & working professionals
Topics include illustration, design, photography, and more

Lessons in This Class

    • 1.

      Introduction to the class


    • 2.

      Section 1 - Welcome to the class


    • 3.

      Section 2 - What is social media influence?


    • 4.

      Why is social media influence important?


    • 5.

      What is a social media influencer?


    • 6.

      Types of influencers


    • 7.

      Why do Influencers need to understand intellectual property?


    • 8.

      What intellectual property rights can belong to influencers?


    • 9.

      Section 3 - Social media influencers and copyright rights


    • 10.

      What is copyright?


    • 11.

      Who can be a copyright owner?


    • 12.

      What copyright works can influencers own?


    • 13.

      What cannot be a copyright subject matter?


    • 14.

      Rights granted under copyright law


    • 15.

      Duration of copyright


    • 16.

      How can influencers protect their copyrightable works?


    • 17.

      How can influencers do business with their copyrights?


    • 18.

      Copyrights over works uploaded on social media channels - YouTube


    • 19.

      Copyrights over works uploaded on Instagram


    • 20.

      Copyrights over works uploaded on TikTok


    • 21.

      What should influencers know when using someone else’s copyrightable works?


    • 22.



    • 23.



    • 24.

      Texts, scripts etc.


    • 25.

      What is Fair Use of copyright protected works?


    • 26.

      Section 4 - Social media influencers and trademarks


    • 27.

      What is a trademark?


    • 28.

      Trademark distinctiveness and goods and services relationship


    • 29.

      What types of trademarks exist?


    • 30.

      What can be protected as a trademark by social media influencers?


    • 31.

      Specify the goods or services the trademark will be valid for


    • 32.

      Trade dress


    • 33.

      How can influencers register a trademark and what are the costs?


    • 34.

      How can influencers do business with their trademarks?


    • 35.

      What should influencers know when dealing with someone else’s trademarks


    • 36.

      Section 5 - What an internet domain name is and why domain names are important for influencers?


    • 37.

      What types of domains exist?


    • 38.

      How can influencers register a domain name and what is the cost?


    • 39.

      Links between trademarks and domain name protection


    • 40.

      Section 6 - Why are industrial designs important for influencers?


    • 41.

      What is an industrial design and what can be protected?


    • 42.

      Requirements for design protection


    • 43.

      How can influencers register an industrial design?


    • 44.

      How much an industrial design registration can cost and term of protection


    • 45.

      Section 7 - What are trade secrets?


    • 46.

      Why can trade secrets be important for influencers?


    • 47.

      How to protect trade secrets?


    • 48.

      What influencers should know when dealing with someone else’s trade secrets?


    • 49.

      Section 8 - What is the right of publicity?


    • 50.

      How can the right of publicity help influencers?


    • 51.

      Section 9 - Conclusion


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About This Class

Welcome to the class - Social media influencers and intellectual property rights.

In this class, you will learn why social media influencers should pay attention to intellectual property rights when developing their business and how to benefit from these specific legal rights. 

Nowadays social media influence is a business for more than 10 billion dollars. Many companies start to include it in their marketing strategies as a way to reach consumers in a more effective way.

In light of this influencers become a really valuable marketing channel being able to form and direct consumers' behavior.

Social media influencers generate value with their work, value that has to be managed properly in order to become a sustainable business model.

One of the ways this value can be managed is by using the different intellectual property rights.

By the end of this class you will learn:

  • What types of social media influencers exist?
  • Why do Influencers need to understand intellectual property?
  • What intellectual property rights can belong to influencers?
  • What copyrights belong to influencers and how can they be managed?
  • What are the copyright rules of social media platforms for every uploaded content?
  • What influencers can protect as trademarks?
  • How can influencers protect internet domain names and what do they need to bear in mind?
  • How design rights can be beneficial for influencers?
  • What role do trade secrets play for influencers?
  • How publicity rights can help influencers? 

This class will give you the knowledge of how one social media influencer can organize and manage his or her intellectual property rights building a strong and sustainable business project.

Meet Your Teacher

Teacher Profile Image

Ventsislav Stoilov

Intellectual property manager, lecturer


Hi, I am Ventsi, an intellectual property expert with more than 12 years’ extensive experience in the field of management and protection of trademarks, industrial designs, internet domain names, copyright, etc.

As an academic background, I hold both Bachelor’s and Master’s degrees in intellectual property management as well as a certificate by the World Intellectual Property Organisation which is part of the United Nations.

I have a corporate background in managing an intellectual property portfolio as well as I've gained significant expertise dealing with different corporate IP projects on a national and international level.

I am also a University lecturer in the field of intellectual property management for more than 7 ye... See full profile

Level: All Levels

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1. Introduction to the class: Welcome to the course, social media influencers and intellectual property rights. In this course, you will learn how equalizers can benefit from the different intellectual property rights. Hi, I haven't. I've been working as an intellectual property manager for more than 12 years. I'm also a university lecture on managing intellectual property assets and then I do blogger. This course is designed for everyone who is or wants to be a social media influencer or just needs to deal with influencers and dare created content. By the end of this class, you will learn what types of social media influencers exist. Why do we need to understand intellectual property? What intellectual property rights came belong to influencers? What copyright, trademark, domain name, industrial design critique grids, right of publicity are. What are some of the IP rules weren't utilizers use social media, PR harms and moral. You might be wondering why this is important for social media influencers. There are two main reasons. First and foremost, by understanding at least the basics of intellectual property, the influencers will be able to take the necessary steps to protect their business models. This will provide influencers with assets such as trademarks, copyrights, domain name with designs, etc, or which are crucial the business success nowadays. Secondly, knowing what the rules in the IP world are, influencers will be able to avoid many legal pitfalls and conflicts when doing their business. For example, a YouTuber will be aware of what content can be uploaded legally and whatnot. And Instagram influencers will know how to avoid copyright disputes over the youth photos, etc. All of these, we'll create a solid ground for sustainable development of every social media influencer. Thanks for your interest in this class. If you are ready, let's start. I hope that you enjoyed the class. 2. Section 1 - Welcome to the class: Hi and welcome to the course social media influencers and intellectual property rights. My name is venting and intellectual property manager, a university lecturer and an IP vulgar with a passion for managing and teaching about different intellectual property rights. In this course, we will focus our attention on one very trendy area, influence marketing and the so-called social media influencers that make these types of marketing to be so valuable and tempting, both for advertisers and customers. Social media influencers are people that express their opinions publicly using different social media channels. And by doing this, they attract force who share the same or similar views step-by-step, this type of media presence has formed a new marketing channel that is capable of supporting cells in a very effective way. Nowadays, social media influences a business value with more than $10 billion per year and gather pace. This means that influencer generate value through their work. This value is their business advantage that allows them to make their living and to be successful. Because of these influencers needs to manage and protect degenerated intangible value that can be related to their names, their reputation, knowledge, expertise, popularity, etc. Intellectual property rights can be quite handy in that regard because they allow influencers to protect their intangible property and to create a business project around it. These costs will present you with the different options, how influencers can take advantage of their IP rights. We will focus our attention on protection, true copyrights, trademarks, industrial designs, internet domain names, trade secrets, and to the right of publicity. I will try to give you a lot of examples related to these rights in order for you to understand how they work in real life. Having said that, one good example about the role of intellectual property rights in the building of an influencer is business model. Is that one of who? The Catan, she is an American makeup artist, beauty bore, and entrepreneur and one of the most well-known influencers in the world, who was born in Oklahoma City, but moved to Los Angeles where she studied makeup among hurricanes where celebrities such as Avalon Korea and Nicole Richie hello, went to Dubai where she became employed by reborn as a makeup artist. In 2010, she started at a beauty related book named who the beauty on which she posted makeup tutorials and tips. The book became popular and in 2013, she launched her own brand, hood of beauty offering IS washes through the forum. That was a great success and more products for who The started to develop her social media presence. And nowadays, she's one of the most popular social media influencers. Instagram profile has almost 15 million for us in 2021 on Facebook, she is followed by 8 million people who are YouTube channel has 4 million subscribers. In 2017, she was listed as a top influencer in the beauty industry in 2021, who won the entrepreneur game changer of the year of work by glamour magazine, according to Forbes, her wealth was estimated that there are $490 million. Jamie her success who the Catan has paid a serious attention to intellectual property rights that protect the value created throughout her career as an influencer who is managing her IP rights through who? The beauty limited company. She had an IP legal counsel who has advised her on all sorts of hype matters. This is a good approach when you want to operate on a global scale because it keeps all IP assets protected and properly organized. For example, who the limited almost a 195 trademarks all around the world, including countries such as the US, the EU, China, etc. The portfolio is organized in a way to protect the marks, not only in the countries which are Buddha's main markets, but in the countries where the products are produced to, this strengthens the protection of the brands, limiting the options for unfair competition. Some of her trademarks are who? The beauty, bro Guo, baby bags, Ollie, and many others. What's interesting here is the factor that she registered some of the hashtags that she used for her social media channels as trademarks. For instance, hashtag Fox Theatre. So what does this class cover? It is divided into seven sections. As for section one, introduction section to social media influencers and intellectual property rights. Here we will discuss what social media influences, what influencers are and why intellectual property rights can be important for them. Section three, social media influencers and corporate rights. In this section we will talk about what cooperates can belong to influencers, how they can be managed, and what the corporate roots of some social media. Our section for social media influencers and trademarks, we will focus our attention on wine. Pfizer should bear trademarks in mind for their business models. Section five, social media influencers and internet domain names. We'll discuss what influencer should know about the domain names and how to protect them properly. Section six, social media influencers and industrial designs. Here we will talk about the option, how influencers can protect the appearance of their products, as in industrial design. Section seven, social media influencers and know-how and trade secrets. In this section, we will cover the topic what influencers should know about trade secret protection and management in relation to their social media activities. Section eight, social media influencers and right of publicity. Here we will focus our attention on one specific legislation related to the personality, right, that can be helpful for social media influencers protecting their commercial value. Section five, conclusion, we will summarize the main aspects of this class. You will receive a free PDF that will include some of the most essential elements related to the connection between Weiser's and intellectual property rights. 3. Section 2 - What is social media influence?: In this section, I'll explain whose social media influencers are, what types of them there and why influencer should understand intellectual property rights, enjoyed the lectures. What is social media influence? The Oxford English Dictionary defines influence as the capacity to have an effect on the character development or behavior of someone or something or the effect itself. Social media is defined by its interactivity, connectedness, and user-generated content. Based on these, we can summarize that social media influence is a marketing term that describes an individual's ability to affect other people's opinion through social media communication. Social media influence true platforms such as Facebook, instagram, Twitter, etc. Is when some people have an impact on their horse through the message they sent to them on a regular basis. The more influence a person has over the audience, the more appealing she or he is for advertisers that wants to promote their products or services to the same audience. 4. Why is social media influence important?: Nowadays, a significant part of the world population uses the Internet and mobile devices. Development in communications brings new way how people share information. And because of this, the so-called social media have emerged on the scene. Apart from sharing information, social media has become a tool for influencing, for shaping customer opinion and as a consequence for doing business. Reviews and blog posts are everywhere, constantly providing information for different products or services. Many people have learned to rely on these reviews in order to make their purchasing decisions. The reason for this is the fact that people are more willing to trust other people with similar interests, them to the traditional advertisement where companies claim how good their products or services are. That's why the role of social media influencers has become so important for the marketing department around the world. Influencers can sell a story, respectively, a product or service more easily and naturally. 5. What is a social media influencer?: So what is a social media influencer? Social media influencer is someone who uses social media in order to build a dedicated social hoeing based on his or her credibility or expertise in a particular area such as fashion, sports, technologies, politics, entertainment, etc. And influencer is a creator who offers some interesting Can, quality content to the audience that is able to inform, inspire, or entertain in a unique way. This allows influencers to start social conversations, drive engagement, and set trends amongst their force. The real power of social media influencer is that because of the close and genuine relationship with their audience, they can form people's opinion, including their purchasing decisions. What's interesting is that nowadays you don't need to be a celebrity in order to be an influencer. You can be anyone and everyone and still be able to influence insofar you can offer a unique content to your potential audience using social media. And this, by the way, has become a serious business. According to influencer marketing hub, the market related to influencers will grow and can be worth $13.8 billion in 2021. So it comes as no surprise that more and more marketers start to use social media influencers as a marketing tool for better sales. And this coincides with the trend where e-commerce is flourishing. This means that more and more people are willing to buy something online as a result of online research or recommendations, including from influencers. 6. Types of influencers: Types of influencers, social media influencers can be bloggers, vloggers, video game players, photographers, protostars, activists, celebrities, and even politicians, taking into consideration their level of influence. We can summarize several types of influencers. Mega influencers. These are people with a lot of force above 1 million, although this is not a strict number to identify omega influencer. In most of the cases, these influencers, celebrities from movies, sports, music, politics, etc. Often they built their fame of wine after That's transfer it online through their social media profiles. The power of these influencers is that they can reach millions of people very quickly. This is due to their already built reputation amongst their friends or supporters. What is typical for macro influencers is that they work mostly with big brands because their services are very, very expensive. For example, the football Cristiano Ronaldo is one of the most famous social media influencers in the recent years. In 2020, he celebrated 200 million horse only on Instagram. Currently he has more than 300 millions. The people who follow him do these voluntary because they write him. This is important because it builds us trunk relationship. Such an amount of people gaze Cristiano Ronaldo, a huge base for marketing and sales campaigns by third parties that work with him. And because the relationship with the horse is trunk, the campaigns can be really effective and successful. According to Buzz Bingo Ronaldo, around $50.3 million from sponsored Instagram posts only in 2020. Apart from Instagram, Ronaldo has more than a 150 million for us on Facebook and about a 100 millions on Twitter. According to Forbes, he surpasses $1 billion in earnings. The reason is quite clear. He is a major influencer who is very attractive to a lot of advertisers around the world. Macro influencers, macro influencers are similar to omega influencers, but they have a smaller OEMs between a 100 thousands and 1 million horse. Macro influencers may be celebrities, TV personalities that leads or thought leaders, etc, who are in the process of being the best in their areas. Macro influencers generally have a high profile and can be excellent at rising awareness. One example for macro influencers can be Amy Jackson, known as fashion Jackson. She's a fashion blogger with about 700 thousand followers on Instagram influencers. Therefore, its range between ten thousand, ten hundred thousand for these cool sound is not so significant amount of people. However, these influencers have a strong connection with their audience. The reason is that they are respected because of their expertise in the relevant niche. Most of the time, we're talking about influencers that stick to one topic where they are perceived as leaders. Because of this, micro influencers can be more effective at driving the actions that advertisers are looking for to meet an influence marketing campaigns goals. One example for micro influencers is the travel and food influencer, meaty director, who creates, among other content, specifically for Coca-Cola nano influencers January these influencers heifer between a 110 thousand force nano influencers and therefore share common and usually niche interests. This by itself is not attractive for most advertisers. However, nano influencers have one significant advantage because they are viewed as experts by the audience, their engagement rates are higher. This means that the possibility of forwards to take action as a result of recommendations by these influencers is definitely better compare it with some of the other types of influencers. Another advantage is that there are less expensive here one example for a Nano influencer. 7. Why do Influencers need to understand intellectual property?: Why do influencers need to understand intellectual property? For many people, it can sound strange why we are talking about the relationship between intellectual property rights and influence marketing. In my opinion, the reason for this is that social media influencers are perceived as people doing side hustle business and expressing their own not biting views on different topics. What's more these type of marketing has existed for about ten years, mainly due to the advance of social media platforms. That is to say there were no previous established business models related to such influencers. And from that perspective, perhaps the conclusion that IP protection is not necessary, but the situation is changing nowadays. Their social media stars making millions, influencing hundreds of millions of people. As a result, it is invertible. We start talking about intangible assets in the form of intellectual property rights that support these new business approach and its development. So why on earth, social media influencers should care about their intellectual property. There are two main reasons in order to protect their business model. When you start a career as a social media influencer, you do this because you have something to offer that your audience will be attracted to, knowledge, skills, expertise, opinions, talents, etc. In the process of being a social media influencer, or sometimes even without a particular intention, you start to build different intangible assets that are crucial for your success in the future because they make you valuable for your audience. In a way, these intangible assets can be different. Your expertise on a topic, your help people to solve some problems, et cetera. Based on this, you create your own reputation and the name that people can rely on, it serves like a trademark, like a source of valuable information. And all these can be transformed into intellectual property rights. For example, your name can be a trademark, register it with the patent office. This is important because based on these mark, you can give licenses for the production of merchandising goods branded with it, or offering services under the brand. At the same time, you will be able to control who and how can use it and prohibit unauthorized use. This means that you can benefit from your name commercially. This will make your business as a social media influencer and more sustainable and lucrative. On another hand, by such protection, you will prevent someone else from using QR name and misleading cure ****** by offering them something that is not so valuable. In other words, IP rights can help you to protect your audience interests to, for instance, one of the most popular of ogres, Marcus Brown has several registered trademarks for his brand. M PhD, which is his nickname. However, not only trademarks can be a valuable assess for social media influencers, they can possess copyrightable works, designs, Internet domain name, reputation, some of them, even inversions, etc. Generating value being strong ground for future business development. Of course, insofar these assets are protected and managed properly. So every influencers needs to know about these as sets and to try to take advantage of them as much as possible in order to avoid infringing someone else, writes, another important reasons why influencers should learn about intellectual property rights is to avoid infringing, even accidentally. Someone else writes. It is highly likely or even inevitable for influencers to use in their work, different intellectual property assets that belong to other people or companies. For example, when you have a sponsored video, you work with a particular brand, which most likely is a registered trademark. When you create a video of blog posts, etc, you can use texts, photos, or video clips created by other authors. When you hire a photographer or another creator to support your social media channel with content, you use their works for all these you need permissions, are licensees, inner ear for the youth to be legal and us any points or to be on safer ground. From that perspective, it becomes absolutely vital for every social media wiser to know at least the bare minimum when it comes to intellectual property rules. This can save a lot of time, money and legal problems. Very mind that the bigger and more famous one influencer becomes, the better the chances for legal conflicts error. In this course, I will do my best to teach you the most important aspects of intellectual property rights that are relevant to the world of social media influencers. 8. What intellectual property rights can belong to influencers?: Intellectual property rights can belong to influencers. As I mentioned it, the influencers can possess different forms of intellectual property, such as trademarks, copyrights, internet domain names, industrial designs, know-how and trade secrets, etc. In the next sections, we will start talking about these forms of intellectual property and going over their specifics and what every influencer should know about them. 9. Section 3 - Social media influencers and copyright rights: Social media influencers and copyright rights. In this part of the course, we will talk about copyrights and how they relate to the influencers work. 10. What is copyright?: Copyrights. What is copyright? Copyright is a type of intellectual property that protects original works of authorship. The prediction is automatic as soon as the work is fixed as a tangible form of expression. In some countries like the US, you can register your work with the US Copyright Office. This is not mandatory, but can give you some advantages in potential wore suits against copyright infringers of your work. In general, authors of original works are given the right to control who and how can use their works and to prohibits issues if they want to do that. The main idea behind copyright is that in that way, odors can make their living, investing their time and efforts to create new original works. This has beneficial not only for the authors, but for the society as a whole. According to the Copyright vote, there are a lot of different types of works that can be protected, including paintings, photographs, illustrations, music compositions, sound recordings, computer programs, books, poems, book post, movies, video clips, architectural works, plays, and so much more, as long as their original works, that is to say, not copied by already existing works and they are fixed on a medium, the copyright protection arises. The legalization of every country around the world provides copyright protection. This means that your work will we protect it everywhere. As some kids, they meet the requirements for this. 11. Who can be a copyright owner?: Who can be a copyright owner? As a general rule of thumb for the author of the relevant work is the copyright owners. So in the case of social media influencers, these can be influencers themselves. Everything depends on the specific case. For example, if you're a YouTuber, you will be the copyright owner of every new and original video that you will create. But this is the case when you create everything by yourself. However, if you work with other people, this could mean joint ownership. For instance, you shoot the video, but the script is written by a friend that helps you. And the animation effects are created by another friend. In this case, three of you will own the copyright over the final video because it will be a joint work and the corporate ownership will be joined. However, if you hire an animator to create some effects for your video, this will not mean a joint work, although the animator will be the order of the effects, the copyright will belong to you and you will be able to use the worker for the purpose for which it is commissioned it. In a similar scenario, if a company hires an influencer to create an egg video for a product, and this video is used for different channels. In this case, the copyrights can belong to the company. If of course, the agreement between the parties stipulate that if a work is created under an employment contract, copyright belongs to the employer. Although this is not a typical scenario for social media influencers because generate they don't work as employees for a specific company. On another hand, however, influencers can be important for their teams. And if this is the case or create it works by these teams will belong to the relevant influencer in poorer. 12. What copyright works can influencers own?: What copyright works can influencers, on? Literary influencers can all sorts of copyrightable works. Everything depends on the area where the relevant in wiser is acting and his or her creative skills. Some of the works that one social media influencer can have rights over our video clips, for example, videos for YouTube, Facebook, TikTok, etc. Different types of texts such as blog post scripts for videos or movies. Some original post in social media, literary works, novel, poems, etc. Brand logo. When for example, influencers have their own logos with some graphics, etc. For instance, this is the logo of the well-known football low now, messy, apart being a trademark, it can be protected by copyright Waldo, because it is a creative and original graphic representation. Different graphic design or art works created by the influencers or for them by someone else. For example, if you want to develop a merchandising with t-shirts bearing cure designs. You own the copyright over the graphics and you can give license to third parties to use them. For instance, MK be HD t-shirts, music if the relevant invoice or is musician or a singer, he or she owns the copyright over the creative music or lyrics. They are created by the influencers, of course, for example, Warren gray and American singer and social media personality. She has more than 53 million force on TikTok photographs dose of the influencers who are photographers here, copyrights rights over their credit images. This means that anyone who wants to use them needs a permission which represents a potential revenue stream for the influencer. For example, Peter McKinnon, who is a very famous photographer, video maker and YouTube star with almost 5.5 million followers on YouTube and 2.8 million on Instagram. Fashion designs, copyright can exist on clothes design to at least in some countries. Example of influencers in this area is Shira for acne and Italian entrepreneur and fashion designer. She has 24 million for us on Instagram. Of course, this list of possible work that can be protected by copyright is not explicit at all. Sorts of influencers and protectable works can emerge on the scene. 13. What cannot be a copyright subject matter?: What can not be a corporate subject matter? Not every work can be protected by copyright walk. What is excluded from copyright protection is ideas, facts, lists of data, for example, you cannot protect by copyright an idea for a social media channel that focuses on fashion topics, blank forms. There are two simple and not original enough, common geometric shapes or symbols such as circles, squares, etc. Names, titles, most of them are not so original. However, some names can be protected as trademarks. We will go over this later on in the course. Slogans, expressions, short phrases, symbols, measuring charts, calendar's letters are corporations. 14. Rights granted under copyright law: Rights granted under copyright law. In case a social media influencer is an author of original works or holds the rights of such. He or she has two groups of copyrights based on which the works can be legally controlled. The first group is the so-called economic rights. The author has the right to authorize reproduction of the work in various forms, such as printed items or digital products, et cetera. For example, if someone wants to put these Vogue on a thousand coffee cups, he will need to acquire the right of her production from the order, distribution of copies of the work to the public by sale or other transfer of ownership or by rental, lease, or lending. For instance, if a publisher wants to sell comics, that includes stories written by an influencer, the publisher needs the right of distribution in order for the comics to reach customers. Public display of the work, for example, in order for a photo to be shown in a gallery, permission for public display is needed by the relevant photograph. Her who can be an influencer, broadcasting or other communication of the work to the public. Transmission over the Internet, for instance, and influencer odor of a video has the right to authorize it Broadcasting by wireless or cable, through internet, etc. If one company wants to use such video for any commercial purposes, and authorization by the influencer is necessary. That's why when you accept the YouTube terms and conditions, for example, you give a non-exclusive license for broadcasting. Can distribution of the videos, you're uploading, translation of the work into other languages. If one influencer rights text in one language, he or she can authorize the translation of this text in another language by someone else. Prepare derivative works based upon the work in brief, this means that if you want to use a photo created by an influencer or some designs and to modify them or include them. In other words, you need permission by the influencer. For example, if a well-known influencer has a photo of herself on her Instagram page. Advertisers can use these for two, modifying it for banners, etc, only after permission by an influencer. These are the main economic rights. Very mind that depending on the legislation in the different countries, these rights may vary their scope to. The second group covers the so-called moral rights. Moral rights protect the personal and reputation value of her work to its creator. Moral rights are recognizable in most of the countries around the world, including in the US where however, there are allowed only for visual arts such as paintings, drawings, prints, sculptures and photographs. Having said that, posters, maps, globes, motion pictures, electronic publications, and apply tart or among the categories of visual works explicitly excluded from the moral rights in the United States and other countries, for example, those in Europe, there are no such limitations. Moral rights. Coke can vary country to country. In the US, for example, the order has the moral right to claim ownership, to deny ownership of works that are not created by the author. To prevent the continued use of authors names on any work that has been distorted, irritated, et cetera, to prevent the use of authors names in the event of a distortion matrix notation or other modification of the work which would be prejudicial to authors, owner or reputation to prevent any intentional distortion, mutilation, or other modification of the work, which would be two orders, owner or reputation. In some countries, additional moral rights are to decide whether the work can be made available to the public to require that author's name, pseudonym, or other identifying mark be indicated in a suitable manner whenever the work is used to modify the work, provided that this does not infringe the rights acquired by other persons. This means that after the odor finish the work, he or she has the right to make additional changes even though the work is used by someone. Hopefully to stop the use of the word due to changes in his or her beliefs. In other words, every influencer who is an author of a work designs, photos, videos, etc, can claim ownership of his or her work to expect a credit when the work is used to prevent distortion or modification of the work if this is against his, her creative beliefs and so on. Bear in mind that in many countries these moral rights are not transferable, or at least not all of them, like the right to claim ownership and the right to control the integrity of the work. Some jurisdictions that can only awhile these rights to be waived. So apart from the commercial rights data, social media influencers half over the original content. They can control the way how this content is used from a creative, moral, and reputational point of view too. 15. Duration of copyright: Duration of copyright. In most countries around the world, copyright protection is valid for the life of the author plus 70 years when he's her hires can benefit from these rights. This is determined the US, however, for works created after January first, 1978, For works taken anonymously or under a pseudonym or work made for hire. The corporate endures for a term of 95 years from the year of its first publication, or a term of 120 years from the year of its creation, whichever expires first. The term of protection in the European Union is again the life of the author and the additional seven years for an anemia works as 70 years from publication or if unpublished 70 years from creation. In the case of works made for hire, the new regime is the same as the term for a personal copyright, the life of the author and 70 years after that. If the author is not identified nor become known subsequently, then the copyright term is in the u, is the same as that for an anonymous or pseudonymous work, 70 years from publication of the work. All in all, this means that if one influencer is in order for video designs or anything else, which he or she is famous for, the influencer can benefit from copyright protection for quite a long time. 16. How can influencers protect their copyrightable works?: How can influencers protects their copyrightable works? Copyright protection is automatic. This means that it arises at the moment when work is created, provided that all criteria necessary for receiving a copyright protection are fulfilled. That is to say the work is original, it is fixed on a medium, and it is not excluded from protection. For example, if you are a photograph influencer, the copyright protection and on every of your photos will arise immediately. They are taken. There is no mandatory requirement for the worker to be registered with the patent office or other government authority. However, in some countries such as the US, every original work can be registered before the US Copyright Office. This by itself doesn't provide protection, but there are some advantages, such as initiating copyright ********. This is the most important advantage of the registration in the US, although every author has the rights over his or her works, those rights with limited exceptions, cannot be enforced through the courts unless the work is registered with the US Copyright Office. For example, if you are an influencer who owns a particular video, you can give permissions to others to use it or to prohibit such use. However, if you discover that someone uses your video illegally, you can try to sue that person only if the video is registered. Maximization of damages when our work is registered before the relevant infringement to occur, the order becomes eligible for an award of statutory damages. This means that the court can award damages without the order to prove them. Bear in mind that such proving can be quite challenging. So the work with the registration is eligible for statutory damages of up to a $150 thousand per infringement. Pose attorney's fees. Public record of ownership. When you register it, your work, it will be published in the US corporate officer catalog and will be available to the public due to the fact that anybody can find your work in that database. This represents a notice to the public that you own the rights over the work, overcoming claims of innocent infringement, presumption of ownership in case that someone else pretends that he or she is the author of your work. The registration certificate will help you to prove that you are the actual alter. It can serve as evidence for that purpose. Protection against importation of infringing goods. Authors of registered graphic designs eligible to rely on the US Customs and Border Protection Program, wearing border authorities will cease and detain imported goods that violet copyrights in the United States, registration is requirements to participate in this program. The registration procedure is straight hold. The US Copyright Office requires three things to register. A work are completed application form. These may be submitted electronically. It is a cheaper way, a payment of her registration fee, a copy or copies of your work. The Copyright Office website has details about it, the number and type of copies you must submit. The methods for submitting them. Two or more individual works can be registered on one application with a single filing fee. Under certain circumstances. Registration covers only the particular work deposited for the registration. It does not give any sort of blanket protection to other works in the same series. For example, registration of a single graphic design does not cover any earlier or later similar designs. It covers only what is submitted one-on-one. I will put a link to the US Copyright Office website in the lectures notes where you can find more information about the registration process. 17. How can influencers do business with their copyrights?: How can influencers do business with their copyrights? To be an influencer is not easy, especially for some creditors. Offering interesting and original videos, photographs, designs, music, etc. Requires a lot of intellectual efforts time, and in most of the cases, money. If you want to be a professional social media creator, you need to return your investments in order to continue your work in the future. This is necessary because in many cases we are talking about a full-time job. So what are the ways one influencer can profit from his or her work apart from the obvious one, advertisements, sponsorships, endorsements, etc. Influencers can profit from their intellectual property rights too. And in particular from there available copyrights. For example, a music maker influencer can license his or her music to publishing companies, radio station clubs, advertisers, etc.. One photograph her can sell photos are a licensed them. We can summarize the main way for profiting. In that way, copyright licensing. Copyright licensing is a deal between a copyright holder and user, for example, deal between one social media influencer and the company that wants to use his or her creative works. The subject matter of this deal is the variable copyright, rights over a work for to design music, texts, etc. The deal happens through a copyright licensing agreement signed by both parties with disagreement and the influencer gives permission to the user to use the copyrighted work, transferring the necessary economic rights for a specific type of US territory and Sturm. One simple example is when a company wants to use a very popular viral video owned by YouTuber in its advertisement campaign. In this case, the YouTuber will license the video to the company permitting broadcasting and use on the Internet, for instance, for the US for treatments. Again, these, the company will pay the negotiated a renumeration. One important thing to be very mindful of the exclusivity level of the agreement, there are two options in that regard. An exclusive license. Exclusive means that only the licensee can use the licensed work. That is to say the relevant economic and moral rights will be transferred to the licensee and nobody else will be able to take advantage of them. This includes the influencer to who will not be able to use the licensed work with the exceptions of the cases where these possibilities explicitly stipulated in the agreement, exclusivity can cover all copyrights are only some part of them. For example, if a company wants to use a design work to print it on goods for merchandising purposes, the influencer can provide it with an exclusive license, but only for reproduction of the designing various print firms and their distribution. The rest of the rights such as for broadcasting or internet use, we will not be part of the agreement and the influencer can license them to other companies on an excuse basis to, of course, it is possible for our economic rights to be exclusively licensed to one company or a person with a single agreement. Everything depends on the case. So more or less, an exclusive license is similar to selling a physical product because no one else can use it, including the server. These types of licenses are typical in cases where the user wants the work for some particular purposes and wants to exclude other participants from using it. For instance, if a company wants to buy a license for packaging design, it is very likely these cases to be exclusive because this will allow the company's products to remind unique in the market. This is the reason why exclusive licenses are more expensive. On the one hand, the author will not be able to license his her work again for the same set of rights. And on the other hand, the licensee pays for the uniqueness of the use. A non-exclusive license in general, or non-exclusive license means that more than one licensee can use the copyrighted work subject matter to the agreement. The licensor reminds free to use the work as well as to allow any other licenses to do that too. There are no restrictions, like in the case of exclusive licensing. These types of licenses, the most widespread because it allows outer to maximize all commercial benefits of their works. The reason for this is quite simple. While in the case of exclusive license, only one purchaser can use the work and will pay only one renumeration for that purpose. In the case of non-exclusive licenses, it is possible for many licenses to buy permission for the use of the work, paying separate fees for that purpose. Of course, because there will be no exclusivity, these licenses will be cheaper. Compare it with the exclusive ones. Nevertheless, due to the potential huge volume of granted licenses, the profit could be even greater. For example, if one influencer gives a non-exclusive license for a music sample to one advertising candidacy. He or she can do the same with many other agencies or other purchasers. Non-exclusive licenses are more relevant for intellectual property assets, including for copyrighted works, because they allow multiplication of the profit that these are sets can generate for their owners. Assignment of rights, wild license is a temporary and limited transfer of certain copyrights. In the case of an assignment, it is a permanent transfer of one or all of the copyrights to the assignment. A copyright assignment is often viewed as something similar to self ownership. What this means is that the assignee becomes the corporate owner over the work and the order cannot control its future use. Of course, this depends on the scope of the transfer of rights. For instance, if a social media influencer, who is a writer, assign his or her cooperates over a text to a publisher. The publisher will become holder of these rights and we'll be able to control and profit from the text in the future. Be careful when you use assignment agreements. They can restrict your abilities to use or resale your works after that. So licensing provides more options, permissions to be given to more users for one and the same work. Whereas the assignments transferring the entire ownership to the assignee, which prevents the order from using the same work again or to give it to their people. Simon contracts are similar to exclusive licenses with one main difference. In the case of assignments. They are permanent, while exclusive license is temporary. Probably you will read somewhere that assignments are equal two licenses. Sometimes these terms can be used interchangeably depending on the National League is station in the relevant country. In this lecture, I will use assignment agreements as a transfer of rights on a permanent basis. Bear in mind that in some countries, a full transfer of copyright ownership as a kind of property is not possible. For example, in Europe, in most of the cases, you can only licensed one work transferring the relevant economic rights for a particular period of time. It is not possible for all copyright rights to be assigned to another person or company permanently. Alter will always remind the order of the work was small. Some moral rights are not possible to be transfer at all, such as, for example, the right to claim authorship and a person to be named as the author of the work. In the US, every assignment of copyright has to be recorded in the US corporate office. In that way, the new owner will be indicated in the copyright certificate, which is important in cases of infringements and lawsuits. Another interesting option given by the law in the US is to terminate the transfer of rights after a number of years. For instance, if one order transverse his or her copyright to a publisher, he or she can terminate the agreement between 2856 years after the first publication. This happens with the procedure before the US Copyright Office, which however, can be quite complex. 18. Copyrights over works uploaded on social media channels - YouTube: Copyrights over work supported on social media channels. When you are an influencer who produces videos for two designs, music, texts, etc. Most likely you use them on different social media channels. That's logic because in this way, you try to attract a bigger audience. In most of the cases, you are the author of the content you report on social media, or at least you're a holder of the copyright of this content if it is created by contractors. However, you need to bear in mind that when you import this content, you give the relevant social media than necessary license to use your work. This happens automatically when you accept the terms and conditions of the media. Let's check some of the terms and conditions for some of the most popular social media in order for you to be aware of what is transferred. Of course, these terms and conditions are in the way they exist when these lectures are created. Youtube. In case of YouTube, the moment when you accept their terms and conditions, and that's happened. So when you create a Gmail account for your YouTube channel, you give them by providing content to the service you grant to YouTube worldwide, nonexclusive, royalty, free, transferable, sub licensable license to use that content, including to reproduce, distribute, modify, display, and perform it for the purpose of operating, promoting, and improving the service. What does this mean? First of all, everything you are reporting can be used by YouTube around the world. This is normal because YouTube is accessible from everywhere. After that, you give a non-exclusive license for your content. This is fine because in this way you will be able to give other people or companies similar licenses to. If it was for an exclusive license, it could be a problem. Next, we have transferable, licensable license. This means that YouTube can transfer or supplies and the copyrights received by you to third parties. Next are the things you provide you to quit. They are for reproducing, distributing, commodifying, displaying, and performing for the purpose of operating, promoting can't improving the service. This is quite normal, although it can sound a bit wider than necessary. But again, YouTube needs these permissions in order to distribute your content online. The second part of the license you are giving YouTube relates to the end user of the service. You also grant each other user of the service, or worldwide nonexclusive, royalty free license to access your content through the service and to use that content, including to reproduce, distribute, modify these play, and perform it only as enabled by a future of the service. This means that your content can be used by the end-user worldwide, known exclusively and for free, the user can redistribute modified display, etc, your content, but only if this is a wowed by a future of YouTube. For example, the user can empty it a video to other websites or social media. But this doesn't mean that a user can download your content and start selling it. Apart from this, you remind and odor of your content and can license it to third parties or stop using it on YouTube. It's your choice. 19. Copyrights over works uploaded on Instagram: When you use Instagram for your social media carrier, you agree with the following licensing conditions in relation to your uploaded content. Instagram does not claim any ownership rights in the text files, images, photos, videos, sounds, musical works, works of authorship applications, or any other materials collectively content that you post on or through the Instagram services, by displaying or publishing, posting any content on or true, the Instagram services you hereby grants to Instagram and non-exclusive, fully paid and royalty-free worldwide, limited license to use, modify, delete from head to publicly perform publicly display, reproduce, and translate such content, including without limitation, distributing part or all of the site in any media formats, through any media channels, except the contents is not shared publicly, private will not be distributed outside the Instagram services. As you can see, you give the necessary non-exclusive commercial authorization to Instagram in relation to your content in order for the media to use it for providing good service. In addition, you represent and warrants that you own content posted by you on or true the Instagram services or otherwise have the right to grant the license set forth in this section. The posting can use your content on our true the Instagram services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person and the post incoherent content on the site does not result in a breach of contract between you and a third party. You agree to pay for all these fees and any other moneys or ink or any persons by reason of content you post on or through the Instagram services. This tastes safeguards Instagram that you will be responsible for the audit contented to your channel and you want that this content is used legally. In case of a copyright dispute. If your content is not legal, Instagram can walk access to it or can bend your account. 20. Copyrights over works uploaded on TikTok: Tiktok term and services are very interesting because of the fact that they are quite detailed and what's more, they even have an educational touch explaining some of the intellectual property rights. So according to these terms and condition, you are the owner of your user content, still own the copyright in user content sent to us, but by submitting user content via the services you hereby grant us and unconditional your irrevocable, nonexclusive, royalty free, fully transferable, perpetual worldwide license to use, modify, and adapt, reproduce, make derivative works of Publish and, or transmit and, or distribute, and to authorize other users of the services and other third parties to view access you download, modify, adapt, reproduce, make derivative works, published, and or transmit your user content in any format and on any platform, either now known or hereafter invented. You further granted sorority free license to use your username, image, voice, and likeness to identify you as the source of any of your user content provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions. For the avoidance of doubt, the right granted in the preceding paragraph of this section include but are not limited to the writer to reproduce sound recordings and make mechanical reproductions of the musical works embodied in such sound recordings and publicly perform and communicated to the public sound recordings and the musical works embodied therein or on a royalty-free basis. This means that you are granting cursor the right to use your user content without the obligation to pay royalties to any third party, including but not limited to a sound recording copyright owner, a record label or musical work copyright owner, a music publisher, performing crazy organization, a sound recording pro, unions or guilds and engineers, producers or other orality participants are involved in the creation of user content. I will say that this is an advanced licensing agreement because it takes into account some very specific requirements for copyright and licensing works. This is warranted because TikTok is a social media that targets created or suffering mixed content like audio visual clips with their music backgrounds, etc. All of this requires a complex transfer of rights between the copyright holders, the social media, and the end users. Nevertheless, every creator of content will stay the holder of his or her copyrights and they will be able to license them to other social media or companies. The reason for this is the fact that all these social media platforms expect only non-exclusive licenses. However, you must be careful if someone wants to an exclusive license for your content. In this case, you'll be prevented from using the same content for other purposes and other platforms. 21. What should influencers know when using someone else’s copyrightable works?: Shooting for answers no, when using someone else's copyrightable works. Apart from the fact that social media influencers can own copyrightable works which can be used, are licensed to third parties. There is another important moment when it comes to copyrights. It's one influencers use third parties, videos, images, texts, graphics, music, etc. In order for an influencer to use such works legally and to avoid copyright disputes, which can be quite expensive. He or she needs to be careful what works are used and whether it's unnecessary writes are cleared. We will go over some of the most common works for which every influencer should get permission by the relevant copyright holder in order to use them. Music. If you use music created by someone else for your social media channels, you need to be careful about its copyrights. As a general rule of temper, the holder of the music producers, composers, songwriters, singers, etc., can control how their music is used to enter to prohibit any unauthorized use. When you want to include music in your videos or ads on YouTube, Facebook, Instagram and so on. You need to secure the relevant permissions. Maybe you ask why influencers need such permissions while every ordinary user can share music in their profiles for free. Well, such used by ordinary people is possible because it is for personal use and because they share music that is already illegally uploaded on platforms such as YouTube, Spotify, etc. These platforms paid the otters and to secure the possibility of the relevant music to be shared on their platforms by the users with one crucial requirement. It has to be not for commercial purposes. That is to say, ordinary users share music for fun, not for profit. In the case of social media influencers, they do business through their channels center from that perspective, if they include music in their videos, etc, they need a license from the copyright holders of the music. Unfortunately, receiving such a permission can be difficult. You need to track down who is the music producer, composer, and so on in order to negotiate a license, one easy way to avoid such headaches is to use music from our production music library, where you can purchase one time buyout licenses at a very nominal fees for music you can use for your social media projects. Another option is to use a free music that does not require licenses. There such a library Stu, I will attach to the lectures notes list of websites that offer such music. 22. Photographs: Graphs. If one social media influencer wants to use someone else's photographs for creation of content. He or she has to ask the photograph here for permission because such use most likely will be commercial one and not for private purposes. What's more if the photo includes a person, any commercial use of the person's image requires consensus from the picture IT person. One example. In 2012, Topshop started selling both in its stores and online, a t-shirt bearing the image of Riana. Topshop had secured a license from the holder of the copyright in the photograph, but he had not asked Arianna for permission to use her image. Riana abroad proceedings claiming that a substantial number of people buying the t-shirt would think that she hit in Dorset when in fact, it was not connected with her at all. Riana contented that the top shops activity therefore amounted to a passing of unfair competition practice. The court ruled in favor of Riana in light of the specific circumstances of the case. In particular, the judge found misrepresentation also on consideration that in the past the singer had been associated with Topshop and that the image reproduced on the t-shirt was taken during the video shot for we found love single and was similar to other images used on Riana, self-promotional merchandising. The later means that Riana, as fans, might have believed that Topshop t-shirt hit an image which is not just recognizably rare, but it looks like a publicly shorter for what was the most recent musical release. There are many options on how you can get permission. The most difficult one is to sign a contract directly with the photographer, especially if you use a lot of photos by different orders. This is okay for some particular photo sessions where you hire a photographer, but for a larger number of images, it could be overwhelming to sign many contracts with different photographers. One possible solution is to buy a photo license from websites such as Getty Images, Shutterstock, Adobe Stock, and so on. This can save your time. I will attach a list with some of these websites in the lecture notes. You need to read the terms and conditions. So when you buy a license from such websites, for example, in the case of Getty Images, they offer three types of license models. Royalty-free, right? Ready and write, manage it. The royalty-free does not mean that there is no cost for the license. Instead, royalty-free means that the license fee is paid once and there is no need to pay additional row. If the content is re-used, royalty free content is licensed for worldwide unlimited, perpetual youth, and pricing is based on the file size. Rad rights manage it and right ready content is licensed for specific types of use. And pricing is based on factors such as size, placement, duration of use, and geographic distribution. Some things are prohibited in the case of this, Hazen says, no unwell who use no commercial use of editorial content, no alteration of editorial content. Now standalone file use. You may not use content in any way that allows others to download extractor redistribute content is a standalone file, no false representation of authorship. Unless you buy a special license, you cannot use the photo for on-demand products. Electronic template using trademark or a logo. Machine-learning AI or geometric technology use metadata exploitation apart from buying a license for images, so you can use search for free. There are lots of websites that offer these, such as Unsplash, pixel by Flicker, etc. I'll put a list with the search websites in the lectures notes. In order to avoid any misunderstanding, you need to read their terms and conditions too, because sometimes they have requirements for a proper credit, etc. When I fought was used. 23. Videos: In cases social media influencer or uses video material created by other people, he or she needs permission to use it and to avoid potential copyright conflicts. When you hire someone to shoot video clips for you, you need to sign a contract where it can be stipulated that you can use the relevant video for the relevant purposes, terms, et cetera, against payment of remuneration. When you want to use already created videos, you need to contact their copyright holders for a license. Depending on the volume of work, this sometimes can be doting. One easier option is to use video libraries similar to this in the case of photographs and music, you need to buy a license in order to use the video, but the procedure is faster and straightforward. Another option is to use websites that provides videos for free. Again, here you need to read their terms and conditions, how and to what extent you can use the videos. I will attach a list to the lectures notes with such websites. 24. Texts, scripts etc.: One influencer can use texts for his or her social media or scripts for videos written by other people. In this case, if the text is original work, it can be subject to copyright protection. From that perspective, the influencer needs to get a license in the form of a contract with the author of the text in order to secure the necessary rights for its use. In case you want to use services such as fever or Upwork, they will provide you with automatic permission for the use of the work because this is part of their terms and conditions and every order agrees with them in advance. Don't exception of this is you've heard the server specify something different in the gig. Sometimes this happens because the author has several offers and only some of them provide the necessary copyright permissions. I will put a link to the fever and Upwork terms and conditions in the lectures notes. 25. What is Fair Use of copyright protected works?: What is fair use of copyright protected works? Now some copyrighted works can be used for free without payment of remuneration to their odors. This use is limited only to several scenarios which can vary country to country. So be careful and ask for advice from an attorney in case you are not sure what to do. I summarize some of these cases of fair use, but you need to check them again for your specific country use of works for non-commercial and private study. This is possible. A student can use a copy of a work for private studying only. This means that an influencer's work can be used for a private non-commercial use by students. Next, use for non-commercial research. This means using works only for analysis and researchers with non-commercial purposes. Next, criticism, quotation, review, and reporting current events. Use of copyrighted works for the purpose of reporting current events. However, newspapers and other media can rely on the fair use concepts in case the use is transformative. That is to say, a news article that include a work must contain either a significant amount of information about the subject of the work or some commentary or criticism on the work. In addition, sufficient acknowledgment will be required. This means that the media can use social media influencers content for these purposes. On the other hand, influencers can use copyrightable works in the same way if they have news or media channels, for example, next is teaching. Copyrighted works can be used for educational, non-commercial purposes. The use of the work has to be fair. Next is in case of supporting disabled people. Copyrighted works can be used for free to help disabled people. Parody. Caricature. Use of limited amounts of protected works is possible without permission. In these cases, for example, a comedian may use a photo for a parody sketch. Or we know this was some of the most important aspects related to corporate protection, relevant to influencers work in order to avoid unnecessary corporate conflicts. It is a good approach to check in advance what works you use for your channels and whether their rights are secured. In the next section, we will continue with the topic of trademarks and how they can be a help for influencers. 26. Section 4 - Social media influencers and trademarks: Welcome back. In this section we will discuss how influencers can protect their distinctive sciences trademarks. Why are trademarks important for influencers? Why should social media influencers know anything about trademarks? Probably this is the first thing you may ask when it comes to this type of protection. Well, trademarks and influencers are sharing common characteristics. Both are unique. Trademarks distinguish goods or services, while influencers distinguished themselves based on their social behavior, opinion, or their creativity, customers can rely on both in order to identify a product or a service having the relevant desirable characteristics or quality. Another similarity is the reputation that can be attached to trademarks and influencers. This reputation is crucial because it can create enormous value for its owner, translating to financial rewards, for example, according to Forbes, EPO, only as a brand worth $241 billion. This is a result of huge reputation amongst consumers around the world. The same is with influencers, for instance, according to Forbes, Cristiano Ronaldo is the first football player that you pass $1 billion in. Earnings. Only for 2020, heat generated $50 million from endorsement, which is the result of his tremendous reputation among football fans. One important site of trademarks, apart from their distinguishing power, is the fact that there are legal tool that protects the brand value interpretation from any illegal and unfair uses. So having said all of these, it is obvious why social media influencers should care about trademarks. They can help them to protect their value as recognizable celebrities. In addition, trademark registration gives a legal right and it can be licensed to many companies against fair remuneration. 27. What is a trademark?: What is a trademark? Before mentioning what and how influencers can register as a trademark, let's go over some of the most important characteristics of trademarks, which will help you to understand this type of protection, despite the fact that there's some slight differences. All definitions for trademarks around the world are very similar. For the US, for example, a trademark is any word, name, symbol, or design, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another, and to indicate the source of the goods for the European Union, trademark may consist of any science, in particular, words including personal names, designs, letters, numerals, cores, the shape of goods, or of the packaging of goods, or sounds provided that such signs are capable of distinguishing the goods or services of one-off undertaking from those of other undertakings and being represented on the register of European Union trademarks in a manner which enables the competent authorities and the public to determine the clear and precise subject matter of the protection afforded to its proprietor. Or in summary, a trademark is assigned capable of distinguishing the goods and services of one market participant from those of another by indicating their origin. Every trademark is valid only for the territory where it is registered. 28. Trademark distinctiveness and goods and services relationship: Trademark distinctiveness and goods and services relationship. The most important element from the previous mentioned it two definitions is that in order to be a trademark design has to be distinctive, not be descriptive for the product or service that will be used for. That is to say, the sign must be able to indicate a particular region. That's why a brand orange for product orange is not capable of being a trademark. It describes the product itself. Such terms are not allowed for monopolization by one market participant. But on the other hand, orange can be used as a brand for, I don't know, let's say time tracking application because it does not describe this product in any direct way. Another real example we sample, it can be a source for trade to region for technologies, but not for apples as fruit. When you apply for a trademark, you will be required to specify the goods and services in the application which the mark will be protected for. You need to be careful in that regard because the mark will be valid only for those of the goods and services mentioned it in this application. 29. What types of trademarks exist?: What types of trademarks exist? There are different types of trademarks which are recognized around the world, although some legislations don't offer protection for all of them. In general, we have the following trademark types. Depending on the means of expression, trademarks can be worth marks, the word name under which a product or service is known on the market. Example, a wordmark, Adidas, Nike, Apple, Samsung, etc. Worth marks are registered only as words without any graphics. These are the strongest trademarks because they do not depend on any graphical representations. Figurative trademarks consists only of figurative elements without words. For example, next Vogel, Adidas logo merge this Vogler cetera combined marks, device marks. They combine both Word and figurative elements. For example, adidas for the cetera, three-dimensional marks. They represents the form of the product, for example, Coca-Cola bottles or tubular lumbar, etc. Karl Marx, in exceptional cases, even a single core or a combination, of course, can be a trademark. This is the case when people recognize a certain product or service by its core. For example, a trademark owned by different sound marks and advertising jingle is sometimes so well-known that when people hear it, they immediately know what it refers to. In such cases, the sound can be registered as a trademark. For example, Nokia, connecting people, melody, holograms, motion marks, for example, a brief animated video of a kangaroo on, by the Procter and Gamble. There are some others, although not so widespread types of trademarks such as patterns, olfactory, etc, bear in mind that you can register a trademark for any of these types as always a combination of them. For example, you can register your brand name as a word mark and after data to apply for a combined mark two, this will increase the marks protection strength in the future depending on the owner, the marks can be individually owned by a natural legal person, co-ownership owned by more than one natural or legal person. Certification marks indicate the existence of an accepted product standard and a claim that the manufacturer has tested the product to verify compliance with that standard. For example, this is a sign for certification of websites from Belgium owned by safe shops. Be collective mark is owned by an organization used by its member to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization. Trademark can be used by different traders rather than just one individual provided that the traders belong to the same association. For example, you collective trademark owned by association going Vienna, the export, export to doris, the forest. 30. What can be protected as a trademark by social media influencers? : What can be protected as a trademark by social media influencers? As I mentioned it in the lecture for what trademark is, you can register different sciences trademark searches worth including personal names or designs, letters, numerals, course, the shape of goods or of the packaging of goods, or sounds as far as they are distinctive and descriptive. From that perspective, influencers can reduce to a variety of trademarks depending on their needs and IP strategy. Some of the options are influencer's personal names can be a trademark. This option, however, depends on some circumstances. In countries such as the US, the registration of personal names requires their previous use as a trademark for goods or services. Sometimes, if the FirstName, LastName is common, the patent office can require evidence for acquired distinctiveness of the name based on real market use. That is to say that the customers understand the goals as a source of trade region. There are many examples of influencers with registered trademarks for their names. For instance, Kylie Jenner and American media personality, model and business woman. She has numerous registry trademarks for her name, for different products, mainly cosmetics. According to Forbes, her net worth was estimated at $1 billion. In this case, protecting her personal names as trademarks is absolutely crucial for her business model. Influencers nickname can be a trademark to, in this case, protection can be easier because most of the time nicknames are invented. They're not as common as personal name. So for instance, for example, the fashion walker with 11 million for Elizabeth is famous as Azuela. Her nickname is registered as a trademark in the US, letters, abbreviations or combinations with numbers. Different abbreviations are combinations with numbers so that influencers are a famous width can be registered as trademarks to bear in mind, however, that in some cases, trademarks wall prohibit registration of two simple signs such as one letter or one number. For instance, one of the most famous food worst in the world. Cristiano Ronaldo is well-known with the abbreviation CR7. This abbreviation is registered as a trademark in many countries around the world, which allows him to provide licenses for different merchandising products, labor it with this trademark from which deals, additional revenue. Social media channels or profile names, the names of YouTube channels, or per house on Facebook, instagram, Twitter, TikTok, etc, can be registered as trademarks in case they are used for selling goods or services. In most situations, this trademark registration is done for merchandising purposes. That is to say the influencer has an option to license the trademark to another company against financial compensation. Another reason why search trademarks that can be helpful is the fact that they can prevent someone else from trying to use the same or similar name for competing channel or profile. When you have a registered trademark for the name, you can prohibit the use not only for identical but for a similar names to, of course, to register a channel or a profile name as a trademark, the name must be distinctive for the relevant goods or services and not descriptive. For example, if a YouTube channel is named how to make cakes, you will not be able to protect such a name because it describes the services provided by the channel instructions, how cakes are being made. In some cases, you will be able to reduce her such a name in combination with other graphics or words. But in general, this is either difficult or at least the brand will not be so strong. That is to say, everyone will be able to use the same words in one form or another. However, if the channels names is a distinctive, you can reduce read it successfully. One example in that regard is for the YouTube channel PewDiePie p, by the Swedish YouTuber FedEx Kohlberg. The channel has a 110 million horse. He's trademark PewDiePie P is registered in the US. In the US, He's using it for different merchandising products like T-shirts, jackets, etc. One clarification, trademark protects only the name of a YouTube channel or other profile, not the content in it. The content can be protected by copyright wall if it is eligible for such protection. Brands, if influencers offer goods or services under a different brand, they can reduce read it as a trademark. For instance, the European fashion influence or do Torah Evolving Mars and genetic medicine. Also the fashion brand rotate. 31. Specify the goods or services the trademark will be valid for: Specify the goods or services the trademark will be valid for. When you want to apply for a trademark, you need to know that every trademark is protected only for the goods and services specified in its application. This important, because in case you don't specify the goods and services carefully, your trademark, we will lack of protection for those not mentioned it in the application for the purpose of trademark registration, goods and services are grouped into classes defined under the so-called misclassification. This classification is adopted from most of the countries around the world, including the US, Canada, all European countries and so on. The classification has 45 classes, 134 of which are for goods and 11 for services. An example for classification of goods and services, the heading of the nice class, class 25 including quoting footwear and headwear for human beings or clustered into including mainly non-alcoholic beverages, as well as beer. It should be noted that it is possible for the existence of many identical trademarks, but for different clusters of goods and services. That's why you need to consider carefully the list of goods and services. Because otherwise, someone else can try to reduce her the same mark for not mentioning it in your application, goods or services. 32. Trade dress: Trade dress, the law in some countries, such as the US, provides protection for the so-called trade dress. Trade dress is the characteristics of the visual appearance of a product or its packaging. It can be the commercial look and feel of a product or a service that identifies and distinguishes the source of the product or service. For example, the distinctive exterior and interior design of Apple stores is a trade dress in the US. From that perspective, influencers can take advantage of these separate protection if they have such visual elements. For instance, if the relevant social media page or a channel has a specific and unique design, a combination between course and other elements. Perhaps this appearance can be protected as a trade dress. Of course, this can happen if the design is distinctive and consumer customers identify these appearance only with the relevant influencer. In other countries that do not recognize a separate trade dress, their protection, the product or service appearance can be protected in some cases as three-dimensional trademarks or as industrial designs. In some scenarios, you can rely on the walls related to, to unfair competition or the so-called peasant cough too. 33. How can influencers register a trademark and what are the costs?: How can influencers register a trademark? Social media influencers can protect trademarks in two main ways of out by most countries. First and foremost, they have the right to file a trademark application on their own as individuals. The other option is the application to be felt on the name of a company that is responsible for the influencers business. You can file a trademark on your own only in case you know what you are doing. The trademark registration process has some requirements and timelines which needs to be followed strictly, otherwise the application will be refused. Another general option is the application to be held by a licensed trademark attorney who can represent the influencer before the patent office. This is the simplest way for the influencer to accomplish this task because the entire process will be managed by the ontogeny. Of course, a downside here is that an attorney fees do, as I mentioned it earlier, every trademark is valid only for the territory where it is registered. From that perspective, influencers can seek protection for one country or for several countries depending on their business interests. For instance, if you sell merchandising products with a trademark in three countries, it would probably be advisable to register the mark for these countries in order to stop possible counterfeit products there in case you want to register a trademark in your country, only this can happen by filing an application with the vocal patent office for original trademarks such as the UN marks which cover all EU member states, you need to file an application with the IPO. The worst option is to follow an international trademark. This means that with only one application that can be felt through your vocal Patent Office, the World Intellectual Property Organization, we will help you to reduce their urine marking. All countries designated in your application paying only one fee for that purpose. How much a trademark registration can cost? The cost of obtaining trademark registration varies from country to country. Who? The US, the standard fee is $350 per class of goods and services. One application for an EU trademark will cost you €850 for one class, the second class of goods and services will be additional €50. And every hole in class we will cost you €150 for a candidate, that cost is 336 Canadian dollars for one class of goods and services in the UK, a trademark application will cost you a current and £70 for one class if it is filed online. Bear in mind that these fields are valid at the moment this course is created, it is possible some changes to occur in the future. You can go to your countries Patent Office website where you can find more information in that regard. 34. How can influencers do business with their trademarks?: How can influencers do business with their trademarks? When it comes to social media influencers and their respective trademarks, there are two main ways they can do business with these marks to sell merchandising products. This is one of the most common cases where influencers offer different goods branded with their trademarks. These marks can cover their personal names, social media channels, name, et cetera. Having a registered trademark is a huge advantage here because it enables the wiser to control who and how can use the mark without, without such protection, literally, everyone can use the influencers distinguishing science for free. For example, one of the most famous YouTube channels, renew stitch tips, offer a series of branded product under this name and its abbreviation, LTD, trademark licensing. While in the case of selling merchandising products, influencers are involved personally in the process. There is another way where this is not necessarily, you don't need to be responsible for production of items bearing cure mark and the respective sales process. Somebody else can do this while you can get only the profit. As a result, this happens through a trademark license. Every trademark owner can use his or her mark personally, or I can give a license to third parties that you use. The market will pay royalties for this use. It means that another company will use your trademark based on an agreement. We will produce market and sell the relevant goods. And at the end, we'll pay you a percentage from the cells. That sweet, isn't it? The catch here, however, is that you need a recognizable brand that is protected as a trademark. Based on this, you can give as many licenses as you wish for as many products or services as you wish. 35. What should influencers know when dealing with someone else’s trademarks: What should influencers know when dealing with someone else's trademarks. So far, we've discussed the scenario where social media influencers are owners of trademarks, how they can protect and benefit from them. However, apart from this, more or less, every influencer uses third party's trademarks in his or her work as well. For example, when an invoice or makes sponsored video for a brand, this brand represents a protected trademark used for the purpose of advertisement. Or if one influencer wants to use someone else's trademark for merchandising products. This again, is the use of a third party's trademark. In all these situations, the influencer should take steps in order to avoid misunderstandings that can lead to accusations of trademark infringements. Asking for permissions. When one influencer wants to use someone else's trademark for commercial purposes, permission from the owner is necessary. For instance, if you sell who is on your website, and apart from your own trademark, you want to use the iPhone logo. You need permission from EPO. Otherwise, this can constitute a trademark infringement. On other hand, you don't need permission to use a trademark for information purposes, for expressing your opinion, for the mark, for education purposes, for parity or commentary. For example, you can make a YouTube video reviewing the new iPhone, showing the iPhone brand without asking for permission, signing endorsement agreements. In case an influencer is hired by a company to create a sponsored video book or another type of post. It is a good practice, sponsored or endorsement agreement to be signed that is necessary because this is not a media product in the classic understanding, but the type of paid advertisement. So this means that it is better permission for the use of the trademark to be secured. The agreement with the brand owner should cover Awesome, who does own the pre-produced content, consent regarding the US trademark, the process of creating the post video, etc, and getting it approved indemnities for infringement of third parties trademarks. This is necessary because the influencer cannot know for sure whether the advertiser also legally their relevance trademark, how the creative content will be used to wear, for how long, etc. The influencers compensation. So all in all, these were the most important aspects of trademark protection and social media influencers relationship. It is a good approach for influencers to consider registration of trademarks because they protected the influencers identity and brand value. In the next section, we will start talking about voting rights or should know about internet domain names. 36. Section 5 - What an internet domain name is and why domain names are important for influencers?: Welcome back. Social media influencers are a popular amongst their fence. And the two they use to spread these popularity and to reach these fans are their social media channels, which exists due to the Internet is a global network, although influencers can rely on their personal names or channel names, the main identification for searching and finding information on the Internet is the Internet domain name. From that perspective, it is absolutely crucial for every influencer to consider this protection tool in order to secure a better position on the Internet for his or her business model. What is an Internet domain name? According to Wikipedia, domain name is indeed a vacation string that defines the realm of administrative autonomy, how authority or control within the internet, domain names are used in various networking contexts. And for application specific naming and addressing purposes. Number of internet protocol, IP. The individualization of different devices and resources on the Internet is determinant by building a technical system that gives every device or resource a unique identification number for the time of connection. This number is a hidden numeric address, such as 2072824154. For the computer systems, only these addresses important through which they can communicate with each other. Internet domain name, the affirmation it IP address, however, is very difficult to remember and inconvenient for daily use by internet users. Therefore, there is a system for associating IP addresses with close to human language alphanumeric expressions. So the domain name is the alpha numeric association of an IP address, or put it simply, internet domain names are web addresses where users can find the relevant information they're looking for. Why our domain names important for influencers. Domain name is important for every influencer because it secures a particular address where the influencers forwards can find information about him or her. This address is unique, which means that only the influencer can use it if it is registered by him or her in the first place. Of course, this is valid even in the case where the social media influencers operates based only on our YouTube channel or Instagram profile, for example. Even though these channels are the main place for interaction with the force, it is always better for a domain name to be registered to from our site. This will allow the influencer to build a website, to offer merchandise, products or other information to the public. On the other hand, are protected domain names. We will limit somebody else to reduce her the same name. This is essential because nowadays many best practices exist where if one influencer become really famous, many people tried to take advantage of this by registering domain names for these names. And in that way, profiting from deceiving consumers. 37. What types of domains exist?: What types of domains exist? There are several types of domain names offering numerous options for registration. First of all, top level domains, they are the part that comes right after the primary domain name. Every domain name ends with a top-level domain label. For example, part in domain address is top-level domain. There are two sub-domain levels in that regard. Generic top-level domains represent a set of categories of names and Moody organizations. Such domains, etc. Country code, top level domains. They are based on the two character territory codes of countries, abbreviations, for instance, domain names that end, etc. Second level and lower level domains. These are the names to the left and the other top-level domains, for example, Wikipedia. is a second level domain. Third level domains and above their written immediately to the left of a second level domain. For example, The UK part is a third level domain name. January they are not so popular. 38. How can influencers register a domain name and what is the cost?: How can influencers register a domain name? In contrast with trademarks, registration of domain names is really easy. The only rule is that your domain must not be identical to the already reduced rate the domain. You can register a domain name using services of domain registers or website hosting companies. For example, GoDaddy named cheap, go host, etc. If you register a domain name, but you are not happy with the relevant register, you can transfer your domain name to another one. The only limitation is that you can do this 60 days after the first registration. When you select a register, you need to choose your domain name and in what area it will be, the US, etc. To illustrate, let's open Go Daddy provider for instance. First of all, you need to check whether your domain is a variable. That is to say whether it is registered or not by someone else. To do this, we can type craft hyphen for example. And the search will show us that this domain is available. Click on Add to Cart. And after that continue to cart, you need to follow the instructions created, create an account, etc. And at the end, you have registered domain name. How much does a domain name registration costs? In general, domain registration is considered not expensive, although this can depend on your choice and strategy. Let's go to the bot host website. Here you can see the cost for registration of some of the most wanted domain name areas. For example, domain cost 12 $99. For, 2799. Bear in mind that you can get even war prices in case of promotions that many of these registers offer, every so often, the budget for domain names registration can increase in case you want to build a domain name defense strategy. In this case, you need to register one and the same name for several areas in order to prevent it from being produced iterator from someone else. For example, you can register a domain, John And after that, to duplicate this registering with John, John, John Doe dot code, dot UK, etc. This will help you to secure the main areas for your domain name, for the relevant markets where most of your force are from. 39. Links between trademarks and domain name protection: Links between trademarks and domain in protection, there is a link between domain names and trademarks. One of the disadvantages of domain names is that they protect the domain only as it is for the relevant area. For example, John prevent someone else from registering the same domain letter by letter for the dot-com area. But this domain, we will not stop others from registering John Doe dot info or even John hyphen dough with hyphen in the same area. This means the domain protection is narrow. In contrast, Trademarks protect a sign not only against identical marks but against similar ones too. For instance, a trademark foreign John Doe will stop later marks such as John Doe dot info or John Hi, John Doe, et cetera. This is crucial because it allows the trademark owner to remind unique and distinguishable on the market, including online. So in order to strengthen the domain name protection, it is advisable or trademark identical to the domain name to be registered to. Of course, this requires the relevant name to comply with the trademark law requirements. But if you register your domain name as a trademark, you will be able to try to stop registration and use of later similar domains. Because as I mentioned, it's trademark. Can do that based on his broader protection. Having said that, we've finished the section devoted to domain in protection, these were the main characteristics of these protection, but I believe that they will really helpful for every influencer. In the next section, we will talk about how influencers can rewind protection of industrial design. 40. Section 6 - Why are industrial designs important for influencers?: Welcome back. In this section of the course, we will talk about how influencers can benefit from industrial design protection. I will not go too in depth in this type of protection because it probably concerns only a small part of influencers, those who offer unique and original design products on their own or through third parties. Why our industrial designs important for influencers. In general, industrial designs protect the visual aspects of product appearance. In the industrial design refers only to the ornamental or aesthetic aspects of a product. Social media influencers can benefit from design protection in cases where they offer some new and original products with unique appearance. In this situation, design registration will help it because it will prevent anyone else from producing items with the same appearance without authorization by the designer, design owner. This could be a lucrative business as a whole, although it requires serious organization and efforts. For example, wanting Pfizer can create some fashion accessories that can be protected this industrial design. Based on this, the influencer can give licenses to producers in different countries to use this design, paying a royalty fee as a compensation. And industrial designer is registration provides its own or with exclusive right to the commercial production marketing can sell the product bearing the design for a specific term, which Verizon the different countries. But more or less, it is at least ten years. This means that the designer will have the monopoly right to prevent competitors from using the same product design on the relevance territory. 41. What is an industrial design and what can be protected?: What is an industrial design? According to the World Intellectual Property Organization in industrial design constitutes the ornamental or aesthetic aspect of an article. In industrial design main consists of three dimensional features, such as the shape of an article, or two-dimensional features such as patterns, lines, or course under the US wall, or design constitutes of the visual ornamental characteristics embodied in, are obliged to an article of manufacture in the EU. In industrial design, or the so-called community design, is the appearance of the whole or a part of a product resulting from the futures of in particular, the lines, contours covers, shape, texture, enter materials so the product itself or its ornamentation. What's important here is that you can protect only the product appearance, but not the technical aspects of the product. Designs protect only visual aspects. Technical ones can be protected through patents for inventions, which represents a separate type of protection. What can be protected, as in industrial design. Design Protection can cover different products from packages and containers to furnishing and household goods, from lightening equipment to jewelry, from electronic devices to textiles, etc. Industrial designs may also cover graphic symbols, graphical user interfaces and goals. Some examples of Registered Designs. This one for product packaging, a part of product here only the yellow part is protected. What was beside, besides registered as trademarks, logos can be protected as designs to hear the iPhone war computer or smartphone icons can be protected these designs, GitOps two typefaces can be protected as designs. Web Design Center interfaces are eligible for such protection to bear in mind, however, that what is protectable L designs can vary country to country to some extent. For example, graphic designs cannot be protected in the US, whereas this is completely possible in the EU. 42. Requirements for design protection: Requirements for design protection. In order to protect and industrial design, you need to file a design application with the Patent Office of your country. The office will examine the application and will register the design or will refuse it, depending on whether or not it meets the requirements for protection. For example, in the US, the patent provides for the granting of design patents to any person who has invented any new, original and ornamental design for an article of manufacture. This means that the relevant design must be new. That is to say there is no other identical design. Design must be original enough and it must be ornamental. Only visual aspects can be protected, not technical one. In the EU, the requirements are similar, therefore novelty and individual character. Now what it means is that the design must be new. Individual character depends on whether the design compared to earlier design, creates overall the same impression on the informed user in the EU, however, there is the so-called unregistered community design. This means that you don't need to file an application with the Patent Office. The protection is automatic as far as the design meets the requirements for protection. The downside is that in case of unregistered designs, the tariff protection is only three years and it cannot be renewed. There are some downsides when it comes to enforcement of rights to in the US, there are no unregistered designs. 43. How can influencers register an industrial design?: How can influencers or register and industrial design, design protection can be secured through registration. This can happen based on our design application filed with the Patent Office. The application can be felt by the influencers themselves if they are authors or owners of the design. Another option is the application to be fast to a patent attorney on behalf of the influencer. This attorney has the necessary knowledge and skills on how to accomplish this successfully. The registration process can be complex, so the service of a patent attorney is advisable in most of the cases. For example, for every design application, you need to file correct drawings or images, and there are some rules on how they need to be represented. I will put links to the US Patent Office and the European Intellectual Property Office where you can find more information about the registration process and to find certified patent attorneys, bear in mind that design protection as trademark protection is territorial limited. This means that the protection of one design is valid only for the territory where it is registered. Because of this, you need to consider which countries are interests for your business as any wiser. 44. How much an industrial design registration can cost and term of protection : How much in industrial design registration can cost. The cost for registration of design depends on several things. On average, for the US and design application can call between a thousand and five hundred and three thousand dollars. This includes hiring a patent attorney and an experienced pattern illustrator to draw on the relevant designs. In Canada, basically for design application is $460 Canadian without the patent attorneys fees for the EU. And design application starts from €350 for one design. Every additional design for the same application, we will add a 115 Euros. This is without a patent attorney's fee, which can vary in different EU member states. How long this design protection, whilst the duration of industrial design protection varies from country to country. In the US, it is 15 years, and this term cannot be renewed. Or Canadian industrial design registration is protected for ten years from the registration date, or 15 years from the filing date, whichever period ends later. The EU, the so-called community designs are protected for ten years, but this protection can be renewed up to three times of five years. Which means that the total term of protection of designs that can be up to 25 years. That's everything for this section, or at least the meaning of facts, why it can be useful for those of the influencers who can take advantage of design registration. In the next section, we will start discussing why trade secrets are related to the social media influencer business. 45. Section 7 - What are trade secrets?: Social media influencers and trade secrets. In this part of the course, we will scratch the surface of what trade secrets are, intellectual property rights and how they can reflect the work of an influencer. Probably you will wonder why trade secrets have something in common with influencers at all. The reason it's not so obvious, but we will go over some situations where influencers should pay attention to this matter. What are trade secrets? Broadly speaking, any confidential business information which provides an enterprise competitive age, maybe consider it as a trade secret. Trade secrets encompass manufacturing or industrial secrets and commercial secrets. The unauthorized use of such information by persons other than the holder is regarded as an unfair practice and the valuation of the relevant trade secrets, depending on the legal system, the protection of trade secrets forms part of the general concepts of protection against unfair competition, or is based on specific provisions or case law on the protection of confidential information. According to the World Intellectual Property Organization, in order to qualify as a trade secret, the information must be commercially valuable because it is secret, be known only to a limited group of persons, and be subject to reasonable steps taken by the rightful holder of the information to keep it secret, including the use of confidentiality agreements for business partners and employees, what can be protected as trade secrets. In the case of social media influencers, trade secrets can include contracts with advertisers and the relevant financial terms works on products that are in R&D phase. Reviewing products and services before they are Market Watch, advertising strategies, trade secrets related to influencers on merchandising, products, list of suppliers and clients, manufacturing process, and so on. 46. Why can trade secrets be important for influencers?: Why can trade secrets that would be important for influencers? Trade secrets can be a handy way for social media influencers to manage some sensitive in commercial information related to their activities. For example, every time a brand pays one influencer to make a review of a product or the deal. And it's parameters such as financial compensations, etc, can be a trade secrets for the influencer. Keeping this information a secret is a helpful because other influencers, we will not take advantage of it offering, for example, better financial deals to the brand and so on. Apart from this, if the influencer has own merchandising products, some of the information related to it, such as sales, advertising strategies, profits, deals with contractors and the distributors, can represent a trade secret that gives some market advantages. Working as an influencer can sound glamorous and an easy task. But the reality is that it is demanding job and the whole process requires a lot of effort and a good business plan. So protecting some of the valuable business information can be a good approach. At the end of the day. 47. How to protect trade secrets?: How to protect trade secrets. The main requirements to evoke trade secrets protection is to keep your valuable information a secret. This can happen only if necessary measures are taken in advanced. In brief, the process goes through the following steps are traded at trade secret audit. The first step is to identify those of the information and data that is significant for your business and it is valuable. These could be financial and budgeting information cells, endorsement agreements, the Product Development Center, distribution, etcetera, verify that you are the owner of this information. It is legally acquired and you have the rights over it, verified that confidentiality procedures are followed, be sure that the access of this information is restricted. This means that such information is not publicly available or accessed by competitors because in this case it can not be protected as a trade secret at all. Verified that your team consultants, contractors, and other do not discourse your trade secrets to third party without permission. Analyze the data obtained through the audit and determine which information and practices are trade secrets for you. Build a strategy for trade secret protection. Based on the strategy, take precise steps to protect the confidentiality of the information. This means, for example, to build a trade secret internal policy, to sign non-disclosure agreements with the Partners Center contractors when such information is exchanged, take technical measures for protection, etc. Remember, the main requirement for such protection is the information to be kept a secret and not be publicly available as a whole or to your competitors. However, take into account that if others come to this inflammation in good faith on their own without any illegal actions, you will not be able to stop the use of such information. This is one of the biggest downsides when it comes to trade secret protection. 48. What influencers should know when dealing with someone else’s trade secrets?: What influencers should know when dealing with someone else's trade secrets. Probably the most common situation where social media influencers we will deal with trade secrets is when one company contacts there for endorsement or just for paid sponsorship. For instance, very often YouTubers are sent with brand new products for preparing courage you, even before these products are launched on the market. In this case, it is crucial for the product owner to be sure that the relevant review or any information related to the product we will not leak in any way before the product launch. So influencers are asked to sign non-disclosure agreements or an NDA. This is a legal contract between at least two parties that outlines confidential material knowledge or information that the parties wish to share with each other for certain purposes, but wish to restrict access to or by third parties. It is a contract through which the parties agree not to disclose information covered by the agreement. And NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. It is important for every influencer to read carefully such agreements before signing them in order to be aware of what the restrictions are and whether they correspond with the influencers interests. After signing of the agreement, influencers should abide by it so as to avoid any accusation for breach of trade secrets. Having said that, we finish this section, these were some of the main aspects of a trade secret protection that every influencer should be aware about. In the next section, we will discuss what is the right of publicity and its role in the case of social media influencers. 49. Section 8 - What is the right of publicity?: Social media influencers and right of publicity. Another option for protection of social media influencers business model is based on the so-called personality right, or right of publicity that is available as a separate legislation in some countries such as the US, in other countries, however, there are no such specific walls. So influencers can rely only on intellectual property, legalization as a whole, or that one unrelated to unfair competition or pacing cough. In this section, we will talk about the so-called publicity rights that exist in the US, which can be very helpful for all influencers operating in this country. What is the right of publicity? In general, the right of publicity is the right of an individual to control the commercial use of one's identity, such as name, image, likeness, or other unequivocal identifier's. Publicity right consist of two types of rights. The right of publicity or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation. And the right to privacy or the right to be left alone and not have one's personality represented publicly without permission. In common law, jurisdictions have publicity rights. A fall within the United States. Jurisprudence has substantially extended this right. Put it another way, publicity writer provides individuals with a director to prevent someone else from using their distinctive personal characteristics for commercial purposes without an explicit permission. One simple example, let's say you are a very famous Instagram fashion influencer with millions of subscribers and significant influence over them. You are putting a lot of effort into creating your Instagram post consisting of quality images and videos. If one company starts to use your appearance from an Instagram poster for advertising purposes, for instance, on its website or promotional materials in an attempted to attract customers in that way, based on the publicity writer, you can try to stop such activities. The legal ground will not be your copyright over the image or your costs, although this is possible too. But the fact that they use your personality, your reputation, to cell without your explicit permission. In the United States, there is no federal statute that recognize the right of publicity. However, the different states recognize the right of publicity by state and our case fall outside the US. Some other countries like India have similar legislation. In contrast, other countries, for example, in Europe, do not have such particular roles in these countries. So you have to rewire on a bunch of walls related to intellectual property rights. Human rights are wolves against unfair competition in order to prevent this use of your personal characteristics and rotation. 50. How can the right of publicity help influencers?: How can the right of publicity help influencers? When it comes to social media influencers, they themselves are brands. Their distinctive characteristics like their names, appearance, voice, and reputation are valuable assets that have the power to attract customers attention and indirectly to facilitate sales. From that perspective, influencers have the right to control who and how can use their distinctive characteristics for commercial purposes. We're talking about commercial purposes only because apart from these, media can share information for influencers as news or comments for free without any particular permissions, at least most of the time. But for commercial activities, influencers have the right to impose control. The right of publicity where it exists, is really handy in that regard. You don't need to rely on other rights such as the registry, trademarks, copyrights, etc. In order to stop someone from using content that covers your image, voice, name, reputation, etc. In what cases is the right of publicity helpful? Although influencers can rely on other intellectual property rights to protect their business interests, the right of publicity is really helpful in some situations, such as influencers who are famous but without available trademarks. This is the case where one influencer has a lot of horse, but he or she doesn't activate any trademark use or registration. This means that the influencer cannot rely on protection based on the trademark. Whoa. So if in this case one company starts to use the influencer's personal name or the name of his or her, social media channels, etc, to sell goods or services without permission, the influencer can activate the right of publicity. The main claim here can be that the company takes advantage of the reputation of the influencers using his or her name's to attract customers easy in case of misleading promotions. For instance, one company can start offering good products on promotion using the influencers name, or image on the packaging. In this case, the right of publicity can come into play, helping the influencer to stop such dishonest activity. In case of misleading endorsement, for example, someone can initiate an advertising campaign claiming support by the influencer who has no idea about this based on the right of publicity, the influencer can use everyone doing such me ceiling campaigns. One of the most famous lawsuits related to the right of publicity is from 1980s when Ford Motor Company wanted to use Betty Midwest voice for each advertisement. When the actress refused, they had another actress that imitate Midwest voice. Wall Street fault and medulla are warm on the ground of right of publicity because Ford tried to attract consumers, imitating her distinctive voice for commercial purposes. So that was the most essential aspects of the right of publicity. If you are an influencer from the US, you can rewind this, right, that can support your efforts to monetize your social media skills. 51. Section 9 - Conclusion: At the end of this class, we can summarize some of the most essential moments when it comes to how intellectual property rights can support social media influencers. At the beginning, we mentioned it that any wiser is someone who uses social media in order to build a dedicated social following based on his or her credibility or expertise in a particular area such as fashion, sport, technology is politics, entertainment, etc. Then influencer is a creator who offers some interesting quality content that is able to inform, inspire, or entertain in a unique way. We found out that intellectual property is important because it protects the influencer is valuable, intangible assets, things like distinctive name, brand, reputation, copyrights, trade secrets, etc. We have covered the main types of social media influencers and what is typical for them. Next, we have discussed what copyright is, what type of copyrightable works influencers can own, what particular copyright rights exist, and how influencers can do business with these rights. I presented you with the copyright terms and conditions that some of the social media platforms impulse on the influencers who wants to use them. We've gone over some rules for influencers who wants to use copyrighted works, such as music images or videos belonging to third parties. We hit a section devoted to trademark protection where we discovered what a trademark is, what types exist, what influencers can protect this trademarks? What are the potential costs for this? And some rules when influencers here to use someone else's rigid trademarks. In the next section, we've discovered what internet domain names, how influencers can reduce our search domains, and what the cost are. We've talked about industrial design protection, in what situations influencers can benefit from it, and what the cost for this would be. You were presented about the role of trade secrets in the work of social media influencers. And some of the most essential rules that have to be borne in mind. At the end, we've discussed how influencers can rewind on the right of publicity in some jurisdictions. In conclusion, I want to say that it was real pleasure for me to be your teacher. And at the same time, I hope that the knowledge from the class will be a value to you in your future activities. The skill of how an influencer can benefit from intellectual property rights is a really essential elements of building a strong, consistent, and successful business model in the field of social media marketing. It didn't. I would like to give you a complimentary PDF file where you can find a brief guidance related to intellectual property rules that have to be taken into account from influencers. You can find the PDF attached on the classes description page. If you enjoyed the class, please leave a review. It will be a valuable support for me and the motivation for new classes. Go look and older best AT. And I'd like to bring your attention to my other Skillshare classes that may help you to manage your intellectual property rights, including in the field of social media influence. First of all, how to search for trademarks in the US. You will learn how to do clearance trademark searches in the US in case you want to use and register a trademark in this country. Next class is how to search for trademarks in the UK. In this course, you will learn how to do clearance trademark searches for the UK in case you want to use and register a trademark in that country. Next is how to search for trademarks in Canada, another class where you learn how to do clearance trademark searches for the territory of Canada. Next, how to create your own IP database in Asana. Find out how to create your own interactive database to store the information about your intellectual property rights, including trademarks, patents, copyrights, design, etc. This can be really useful for every influencers who wants to manage his or her IP rights. Next is how to cooperate graphic designs. In this course, you will learn how to protect and do business with graphic design is based on corporate wall. This can help you to be more organized and profitable in your business with designs, graphic design, infringement and enforcement. In this class, you'll learn how copyright over graphic designs can be enforced in case of infringement, photo copyright. What photographers should know about the protection of their images. You will learn how to deal with corporate rights over images for two, labeling and copyright registration of photographs, you will learn how to label your photos on the internet in order to prevent unauthorized use. How to register a European trademark or a complete guide, our class, where you will learn how to register European trademark that covered the territory of the whole European Union. One of the biggest and most lucrative markets in the world. Thanks for your attention and best wishes.