Every day, thousands of hours of content are consumed on social media. As a result of this massive exposure, content creation has evolved from a mere hobby into a full-time profession and a viable career path for thousands of people in Mexico and around the world. However, behind every video, photograph or post that influencers share on their social networks, there are relevant rights that must be understood and protected.
These rights empower content creators to protect their original work and control how third parties may use their personal image in marketing campaigns, social networks or other promotional materials. Given that an influencer's image can be a central element in their content and professional activities, it is key that they understand the legal tools they can use to protect the copyright and image rights derived from their content and exercise these rights in an informed manner.
What Rights Do Influencers Have Over Their Content?
The content created by influencers is protected by Mexican copyright law, particularly by the Federal Copyright Law (Ley Federal del Derecho de Autor), which recognizes and protects the economic rights of those who create original works. Generally, this means that influencers may retain the rights to the content they post on social media, unless there is an agreement in place that states otherwise. For example, in the context of brand collaborations or marketing campaigns, it's essential to determine whether content rights will be transferred, licensed or whether they will be retained by the creator.
In addition to protecting the content they upload on their social networks; influencers must also pay attention to the use of their personal image by third parties. This is where image rights become relevant, a legal concept that protects a person's identity and their physical appearance from unauthorized use.
Image Rights
Image rights refer to the right every individual has to control the use of their physical likeness, including their face, body, voice or any other recognizable physical feature. Unlike copyright, image rights seek to protect the identity of individuals and their representation in any public or private media. Image rights in Mexico are particularly protected by Article 87 of the Federal Copyright Law, which establishes that a person's image may only be published with their consent or express authorization.
On a more localized context, Mexico City's Civil Liability Law for the Protection of the Right to Privacy, Honor and Self-Image further reinforces this protection, classifying the unauthorized use or commercialization of someone's image as an illicit act. This misuse can also result in civil liability, particularly for moral damages, according to Article 1916 of the Federal Civil Code (Código Civil Federal) and Article 216 bis of the Federal Copyright Law.
For influencers, image rights are of great importance, because their image usually forms an essential part of their own personal brand and their professional activities. In practice, no one can use a person's image without their consent, particularly when this use is for commercial or promotional purposes, such as in advertising campaigns, promotions for social networks, advertising posters or any other means of distribution.
This means that, when carrying out promotions with brands, influencers must express their consent for the use of their image. The most effective mechanism for the protection of their image rights is through the effective use of contracts that cover the assignment of image rights for advertising purposes, thus limiting and regulating the use of their image in these advertisements. It's important to include the following elements within these contracts:
- Explicit consent to the use of their image, with clearly defined terms.
- Purpose of the image use.
- Media channels where the content will appear.
- Duration of the consent, including whether the image can remain permanently on social media.
- Territory in which the image and related content can be distributed.
In a world of increasingly professionalized content creation, influencers must not only focus on creating interesting content for their audiences, but also on protecting their work and their image. By understanding the importance of copyright and image rights, and by regulating their use through specialized contracts, influencers can take greater control of their digital identity and online footprint. This will also enable them to build clearer, safer and more sustainable relationships with brands and sponsors.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
