As we move forward in 2023, we’ll see a new dynamic between content creation, Internet platforms, and intellectual property.
Navigating the creator economy has always been challenging. As an emerging system, the lines between what is legal and what is not have been blurred since the beginning. However, in the past few years, things have begun to progress. This year you can expect changes that will impact both platforms and content creators equally.
Are you a content creator? Make sure you’re prepared to face changes in these three areas.
2023 Legal Liabilities For Content Creators
In 2022, the use of generative AI really took off, most notably for creating artwork and texts. With that boom, came a new wave of legal concerns. This year the US Copyright Office will begin taking steps to address those legal concerns that have developed between IP rights and AI-generated content.
Powered by internet indexing, AI tools gather massive amounts of data from the web to generate content. As a creator, this affects you in that there’s a chance that your work may be used or has already been used as input to train an AI tool – without your consent and without compensation. This remains an ongoing legal matter.
There are also ambiguities when it comes to the outputs created by these tools. At the moment, US and EU copyright laws don’t apply to AI-generated works. Because of this, the property rights, distribution rights, and resale rights of content created entirely by AI are all still in question.
Even though many platforms were successful in negotiating licensing deals with major record companies in 2022, these licenses don’t usually transfer from one platform to another. That means if you use a song from Instagram’s Music Library in a video, you’ll have to check before uploading the same content to another platform if that song is also licensed there.
Generally, these songs aren’t licensed for commercial use, but rather for private use only. Always ensure you’re aware of the licensing rights for the music you’re using when you’re creating content, especially if it’s a sponsored or affiliate post. Not doing so could lead to a lengthy lawsuit for copyright infringement.
Music is typically only licensed for a limited time by most platforms. In the event that a platform’s license doesn’t provide protection beyond its designated license period, once it expires you technically don’t have the right to use it anymore. Should someone sue you for copyright infringement, you might find yourself in a tricky position trying to prove that you used the music within its license period. In most cases, this can turn out to be a complicated and time-consuming process.
In 2018, the European Union’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) significantly changed how businesses handle consumer data. Last year, the European Parliament approved the Digital Markets Act (DMA) and the Digital Service Act (DSA). Whether or not you’re a content creator registered in or doing business in the EU, you may be impacted by both of these acts this year.
Referred to as the Digital Services Package, these two new measures will likely reshape how content is currently shared and give content creators more control. On the other hand, it could also have a negative impact on earnings and existing business models.
The DMA addresses a wide range of issues, such as the use, privacy, and sharing of user data on the Internet as well as on platforms like mobile and messaging apps. Essentially, it aims to limit the power and control of tech giants, in particular Google and Meta.
The DSA introduces new regulations to promote transparency. One example is using algorithms to moderate content and protect IP rights. This act also establishes a regulatory framework for the uploading and distribution of online content and the marketing and selling of products and services in online marketplaces.
If You Need a Consulting Regarding Copyright and Content Creation, Sanchelima & Associates Can Help
Sanchelima & Associates, P.A. is one of the leading intellectual property law firms in South Florida. With over 40 years of experience, we have represented the IP interests of a wide array of businesses in the US and abroad, including Fortune 500 companies. Whether you need a consultation or prosecution of a patent, trademark, or copyright, we can protect your business’s interests.
Contact us to book your consultation!