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Influencers - growing with Intellectual Property & Protecting it

Updated: Sep 23

September 2021- Rachel Pasher Eijkenaar, Adv.

What is Intellectual Property(IP) ? IP is known as the collection of different legal rights such as patents, Trademarks, Designs , Trade secrets and copyrights. Most people and organizations focus on it when they already have potential IP- and they search for the best ways to protect it- or- to make sure it is protectable property.

What is the definition of an Influencer? " a person who has the power to influence many people, as through social media or traditional media: Companies look for Facebook influencers who can promote their brand."(https://www.dictionary.com/browse/influencer).

There are many ways to become influencers- and this short story is not about to list them. But, carrying out a plan to create Intellectual Property, that is connected to a person's image, name, created content, contacts and ore- can certainly help become one or become a more successful one.

What can create IP for you as an influencer?

IP can help create property. Yes- IP is first of all property. an influencer, that wants to protect his ideas, knowledge , content of any kind- needs to plan how to transform it into his/her IP portfolio. Such an influencer- or an aspiring influencer, in addition to protecting their assets - need to prepare for negotiating, with any party that would like to them - to advertise their services and goods using their influence. First of all- as in any other investors or client's recruitment- the influencer needs to show what assets he brings to the table. obviously- in the social media world - the number of follower's counts. But- the IP assets created ,collected and protected- make it much easier to license, sell, and use your influence as an influencer- in a profitable way and in a sustainable one- that will survive the forces of infringement and of close competition.

IP tools:

Trademarks - consider registering a trademark of your name! if your name is too generic- meaning too many people carry it- you might consider creating a brand or logo that includes your name within it. A registered trademark will help prevent others from using your name without your permission.

Copyrights - There are different ways to better protect original content shared on social media. Original content from texts to photo to videos - is copyright worthy. Copyrights are created with the original content but its protection can be enhanced- either by adding "all rights reserved" or the by registering it in the USA https://www.copyright.gov/. But- the content for protection should be original and important enough- so that if used by others- it might cause damage- and if it is offered as part of the influencer's portfolio- to investors, advisor's and other potential business partners- they will be impressed form the amount and quality of assets and form the influencer's serious approach to IP!

Trade secrets- an influencer's power and success is based not only on brands and content but on connections and contacts. how does one influencer protect these very precious assets? Secrecy! Yes- trade secrets are actually IP assets as well! how do you create them? First- learn to keep secret information that is valuable to you- secret. Share it only with people you trust(I mean- very close circles!), and ask anyone you are in touch with to sign a short - simple- secrecy agreement(it can literally include a few sentences saying- anything you see or hear from me is secret unless you can prove you heard or saw it somewhere else!!).

There is no FULL PROOF protection:

As in all walks of life and all fields of occupation or relationships - there is no system that is 100% full proof- and that will promise that all IP assets will actually be protected. Yet- there are ways for influencers to create IP assets- to use them for their and their business's benefit - and to protect them form the unfair, unjust and illegal -at times- use of others. Ideas are a great tool- they usually not only define us but create us- influencers included yet- unfortunately- ideas are not assets- ad cannot be protected. Transforming ideas to IP- allows the creating of assets that allow growth , profit and prosperity to their owners.


* Rachel Pasher Eijkenaar- and IP lawyer- assists influencers and other people with great ideas- transform them into assets :) .


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