The social networks are gaining more importance every day in different industries, especially in the entertainment. Therefore, new careers and ventures have sprung up in recent years, such as content creators or digital creators.

A digital creator is someone who creating content through digital platforms. The content can be videos, photos, images, blog posts or other forms of mediaand the platforms can be YouTube, Tik Tok, Instagram, Twittera website or other digital space.

Digital creators are often referred to as content creators and produce content intended to captivate an audience. Engaging content can include formats such as TV show reviews, tutorials, or everyday vlogs. But no matter what your content looks like, a digital creator needs to produce high-quality and engaging material; Ultimately, that’s your job.

More and more companies and virtual platforms are relying on digital creators to increase the possibilities brand recognitionmaking digital content creation popular with marketers and creatives alike.

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A digital platform allows “influencers” or content creators to connect with brand advertising projects

That’s the reason copyright and intellectual property laws have become more important than ever for this type of work. Creators need legal protection for their original works and to make a living from their creations.

For example, a photographer may retain exclusive rights to their photos, preventing others from using or reproducing their images without permission. This protection allows the photographer to license their images to others for use in publications, websites or other media, providing them with a source of income from their work.

“Without copyright protection, creators would have little incentive to create new works because they have no control over how their products are used or monetized”reflect on an article from the platform fangonly for digital creators (similar to Onlyfans, but without a paid subscription).

Intellectual property is also a responsibility of the creator

The tensions between copyright, intellectual property and digital creation are also one of the concerns of Gerson Mejía, digital creator in the sports and entertainment segment. While he hasn’t had a negative experience in terms of plagiarism or anything like that so far, he does recall a time when his ideas were “borrowed without his permission,” as the colloquial phrase goes.

“I once suggested different types of content and then this person was looking for someone who apparently charged cheaper, but it didn’t turn out the way I would have produced it… His personal brand never took off and then he invested badly in advertising , because he did not have a good profile in networking”.

Gerson Mejia. Photo: Screenshot

What these and other experiences have taught him is that he should treat his proposals with great zeal. “Depending on the type of company, production company or work I’m involved in, I sometimes propose ideas, but I don’t disclose the schedule until I know the investments or brands behind the project.” When you need to work with a brand you consider to be big, or even government funded projects, you should consult with a lawyer you trust who specializes in intellectual property issues.

According to him, he shows that there is also a responsibility for the creators to train themselves in the necessary aspects, so that they themselves are not the ones who end up in situations that violate the copyright of others. “Content creators need to know about intellectual property, image rights, fonts, phrases or colors,” he acknowledges. “Because, for example, there are stores like Tiffany that patented a shade of turquoise blue that no one could use commercially. If I work at an agency tomorrow and use a font whose origins I don’t know, I could in turn use a font that uses a brand that competes with a product, service, or company that we control. And image rights, because sometimes companies want to use memes, series characters, or actors in their ads, and if you have no idea, they could get sued.

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Legal advice for content creators, influencers and entrepreneurs

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A post shared by Melissa Ramirez | Lawyer (@digitalawyer.ec)

Two years ago, lawyer Melissa Ramírez, a specialist in public law, focused her practice on the niche of digital entrepreneurs. influencers and content creators, to offer them employment advice, intellectual property and more, in view of the growth of digital businesses that has accelerated during the pandemic.

“People lost their jobs, but they had to eat, so everyone started inventing businesses. Everyone did a project, be it in the kitchen, crafts, services. Everyone reinvented themselves, including me, who worked in the public sector.” Thus Digital Law was born. It all started as advice to her acquaintances, the lawyer recalls. And at the time it was free.

“Then I realized that the entrepreneur usually does not have access to the rates of a traditional law firm. That is how I created Digital Law, a legal shop for every case that the maker wants to contract, with a fixed price, without added value”. Services include trademark registration, SAS constitution and a digital kit containing the terms and conditions, disclaimer, privacy policy for personal brand web pages selling services and any ecommerce or digital business. With them, it has reached about 200 digital entrepreneurs.

Of course, one of this lawyer’s main recommendations is to hire advice based on everyone’s pocketbook, which is, in fact, what she’s trying to do with her business, whose services she considers very accessible. “There are entrepreneurs who are looking for ways to cut some costs, but there are things you can’t cut because the costs of not being legally protected are greater in the future.”

For example, it always promotes registering the trademarks of new companies before investing in their projects. “You don’t invest in something that doesn’t belong to you and that includes the brand. When you start to grow, buy ads on social networks, produce packaging You invest, but it may happen that over time another registered trademark comes along that sends you a legal notice and that’s as far as you can because your brand infringes the rights of third parties. You need to change your name and if you work in a digital company, your brand’s name is your most important asset – it’s how the customer remembers you. If you have to change, it is very strong damage ”.

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A post shared by Melissa Ramirez | Lawyer (@digitalawyer.ec)

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According to this attorney, registering a trademark for entrepreneurs costs about $112. And that record lasts ten years, so by amortizing its value over that period, the investment is much lower. “They cost $12 a year, a very low value that needs to be protected.”

Another action point for Ramírez are the contracts with influencers. “It was a challenge to penetrate the issue of contracts in the sector influencers. If they are not informed, the creator of the content or the influencers you end up giving up your royalties entirely or being unable to negotiate your rates. It’s very serious, I’ve seen many contracts with exclusivity agencies or brands that didn’t work with the competition within six months of the end of the contract. And so they stop billing for almost a year if they didn’t realize the exclusivity or didn’t give them the attachment of the competing brands.” Now, he says, is the number influencers The fact that they are aware of these implications is growing.