Ipr In Corporate Audits Of Digital Media Ip.
1. Overview: IPR in Licensing Influencer-Generated Content
Influencer-generated content includes videos, photos, music, artwork, or reviews created by influencers on platforms like Instagram, YouTube, TikTok, or Twitch. Key IP considerations are:
Copyright: Original creative works (videos, photos, music, animations).
Trademark: Brand names or logos used in influencer posts.
Moral Rights: Recognition of authorship and control over how content is used.
Licensing Agreements: Defines how brands or platforms can use influencer content.
Monetization Rights: Ownership and revenue-sharing from derivative use (ads, reposts, merchandising).
Litigation often arises from unauthorized use, misattribution, or breach of contract/licensing terms.
2. Case Studies
Case 1: Sheeran v. Photographer / Social Media Content
Year: 2018
Jurisdiction: UK
Issue: Ed Sheeran’s team licensed a photographer’s social media content for promotional use. The photographer alleged unauthorized use beyond license terms.
IPR Concern: Copyright in photos and social media posts.
Litigation Strategy:
Court examined license scope: commercial use vs. promotional use.
Emphasized written licensing agreements and social media posting disclaimers.
Outcome: Court ruled for limited use; brand had to pay damages for excess use.
Key Takeaway: Licenses must clearly define scope, duration, and usage platforms.
Case 2: Instagram Influencer – Getty Images Licensing Dispute
Year: 2019
Jurisdiction: USA
Issue: Influencer posted images licensed from Getty Images; a brand used the images in ads without extended license.
IPR Concern: Copyright infringement and breach of licensing terms.
Litigation Strategy:
Getty Images sued brand for unauthorized commercial exploitation.
Influencer’s agreement clarified non-exclusive personal use, limiting brand’s rights.
Outcome: Court awarded damages to Getty and influencer; emphasized license limitations.
Key Takeaway: Brands must verify license ownership and usage rights before using influencer content.
Case 3: Michelle Phan v. Ipsy / Brand Use of Influencer Content
Year: 2017
Jurisdiction: USA
Issue: Beauty influencer Michelle Phan’s content used by a subscription box brand without proper attribution and licensing.
IPR Concern: Copyright and moral rights (misattribution).
Litigation Strategy:
Phan claimed breach of copyright license and moral rights violation.
Court considered influencer’s authorship and consent for commercial reuse.
Outcome: Settlement favoring Phan; brand had to cease use and compensate.
Key Takeaway: Moral rights are enforceable in licensing influencer content, especially for commercial use.
Case 4: TikTok Influencer Music Licensing – Warner Music v. TikTok
Year: 2020
Jurisdiction: USA
Issue: Influencers used copyrighted music in TikTok videos; brands reposted videos commercially without additional licenses.
IPR Concern: Copyright in music embedded in influencer-generated content.
Litigation Strategy:
Warner Music enforced synchronization licenses and issued takedown notices.
Court analyzed derivative content and whether influencer’s license extended to brands.
Outcome: TikTok required brands to obtain additional licenses; influencers not liable for personal postings.
Key Takeaway: Licensing content that embeds third-party copyrighted works requires dual-layer agreements (influencer + rights holder).
Case 5: YouTube Influencer – Fine Brothers / React Video Licensing
Year: 2016
Jurisdiction: USA
Issue: Fine Brothers attempted to license “React” video format; other YouTubers alleged overreach and content misuse.
IPR Concern: Copyright in video format / branding / content style.
Litigation Strategy:
Fine Brothers claimed license to derivative React content.
Court rejected broad licensing claims, emphasizing original creative expression belongs to creator.
Outcome: Fine Brothers lost control over licensing React format to third parties; clarified limits of content licensing.
Key Takeaway: Influencer content cannot be over-licensed; derivative rights are limited unless explicitly contracted.
Case 6: Influencer Fashion Content – Chiara Ferragni v. Brand
Year: 2021
Jurisdiction: Italy / EU
Issue: Brand reused influencer Chiara Ferragni’s Instagram photos in ad campaigns without extended license.
IPR Concern: Copyright and commercial exploitation of influencer content.
Litigation Strategy:
Court examined contractual licensing terms (personal vs. commercial use).
Brand argued implied license; influencer claimed explicit written license required.
Outcome: Court ruled in favor of Ferragni; damages awarded and brand prohibited from further use.
Key Takeaway: Influencers must clearly define permitted commercial use in contracts; brands cannot assume implied rights.
Case 7: Influencer-Generated Video for Brands – Legal Precedent
Year: 2020
Jurisdiction: USA
Issue: Small brand used influencer-created TikTok content for a national ad campaign. Influencer claimed unauthorized commercial exploitation.
IPR Concern: Copyright + licensing breach.
Litigation Strategy:
Court analyzed the content creation agreement.
Influencer’s license limited use to social media promotion, not national advertising.
Outcome: Court upheld influencer’s copyright; brand liable for damages.
Key Takeaway: Always draft licensing agreements specific to platform and commercial intent.
3. Strategic Lessons for Licensing Influencer Content
Explicit Written Licensing: Always define platform, duration, and commercial vs. personal use.
Dual-Layer Licensing: Ensure third-party rights (music, logos) are cleared if included in influencer content.
Moral Rights & Attribution: Ensure influencer is credited; misattribution may breach law.
Derivative Works Control: Brands must not create new content from influencer material without consent.
Cross-Border Enforcement: Influencer content often crosses jurisdictions; contracts should include governing law and dispute resolution.
Revenue Sharing / Monetization: Clearly outline who earns from ads, sponsorships, or reshares.
✅ Summary:
IPR in licensing influencer-generated content is complex, as it involves copyright, trademarks, moral rights, and licensing contracts, often complicated by embedded third-party content. Cases from Michelle Phan, Fine Brothers, Chiara Ferragni, TikTok influencers, and Getty Images show that clear contracts, attribution, and license scope are the keys to litigation-proof licensing strategies.
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