What we have collectively referred to as “social media” for almost two decades is now used by an estimated 5 billion people who are actually sitting in front of screens for about 2.5 hours a day. A simple calculation tells us that humanity spends 12.5 billion hours every day viewing the same amount of content (audio, video, text, “memes”, etc.), not to mention the dimension of communication in a classical, family or professional form.

The Internet is a medium of expression that exists and does NOT exist physically

And when we say “content”, we automatically think of those who created it, its authors. It goes without saying that interesting, original, high-quality and ethical content in turn attracts advertisers to advertise on these accounts; a significant portion of the creator-owners’ profits actually come from this source.

From the very beginning, the Internet faced a number of problems related to its “virtuality”. It is a medium of expression that exists and does NOT exist physically, yet is built on the shifting sands of immateriality. Content creators, in turn, cannot escape this fundamental dilemma of the system in which they operate. Therefore, they face specific and unsuspected problems that they cannot foresee until now, such as the intellectual property rights of what they have created, composed and broadcast, as well as the correct assessment of their specific work.

Just one example out of many: TikTok has many unusual dances and choreographies that quickly go viral and are then captured by thousands of people. Despite the global success, it is very difficult, if not impossible, to find out who was really behind the original content, the father of the concept. The problem is compounded with clear ethical and material consequences when celebrities from the world of dance or music unscrupulously take successful content and integrate it in turn into their creations, this time well protected from the point of view of copyright.

Something must be respected, namely a minimal ethical attitude

A major clarification is needed: TikTok or other viral choreography does not seem to fall easily under copyright.

No one will sue you if you recreate a successful choreography or dance in your own style. It is about the very principle of “virality” of the network and the guarantee of its success.

However, there is something to be respected, namely a minimal ethical attitude. If you don’t indicate, or at least tentatively suggest a source of inspiration, you may be missing out on a real professional opportunity for a talented young man who had a moment of genius and was at the heart of this creation. If he lives and works in difficult conditions, as is often the case, you have deprived him of a real chance for social and economic advancement. But in the network they do not believe in tears and good feelings, in general.

One possible answer to this state of affairs is the recently formed Creators Guild of America (CGA). He deliberately defines himself as a “guild”, a guild of creators, and not a classical association. I also emphasize the fact that the Romanian language, due to historical, economic and social considerations, does not have an ideal equivalent for “guild” – perhaps the most famous “guilds” from the Middle Ages, associations of artisans created to protect common interests, which include on based on talent and skill, very elitist.

Public databases of authenticated projects already exist

CGA supports creators of original content by advising on fair pay, communicating with various brands and production studios. It declares its openness to other professions of the creation ecosystem in social networks: video editors, photographers, make-up artists, etc. The most important thing to remember is the formation of a publicly available database of authenticated project participants (like the well-known IMDb), necessary for their public recognition and protection.

Some restrictive, but not very, access criteria have also been established to emphasize the idea of ​​a “guild” related to the number of followers and the income received from cooperation with various brands. There is also a free ‘associate’ level which also brings some benefits such as networking and access to CGA newsletters. It is clear that we are not dealing with a perfect solution, but this is a big step forward in terms of the rights of content creators, and I am convinced that the future will bring interesting developments in this field, as it develops, at a rapid pace, unsuspecting creations created artificial intelligence.

Another thing worth mentioning: before publishing on a platform like TikTok, content creators can register their work with one of the collective management authorities in the country where they intend to publish. For example, for Switzerland it might be Swissperform) and for England it might be Beks. They may also use simple digital methods to tag video content by including the author’s name and a link to the author’s account.

Concealment by third parties may be considered a deliberate infringement of the author’s copyright. Although this is unlikely to stop the use of viruses, the TikTok platform has several mechanisms for formulating complaints and requests to block content that is illegally used by third parties.

Photo source: Bigtunaonline | Dreamstime.com

N.Red: Paul Cosmovici is the managing partner of Cosmovici Intellectual Property