Trending lawsuits: I.P lawyer Lizz Lenjo cautions content creators
The rise of consent suits against content creators and influencers has caught the attention of entertainment and intellectual property (IP) lawyer Elizabeth Lenjo.
Following the appearance of TikTok star Mohammed Alby in court to face charges of consent and defamation, Lenjo explains that “In instances of personal use which is an exception, copyright does not apply.
In commercial use, using someone’s IP to market a product and you are earning a living out of it means the other person should also earn a living from it because you are exploiting their works also to make money. So the chain cannot be completed if the other right holder is not compensated.”
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In a similar case last year, rapper Nonini filed a lawsuit against influencer Brian Mutinda for copyright infringement.
This was after Mutinda used one of Nonini’s biggest hits of yesteryears, ‘We Kamu’, in a video advert to promote Syinix’s latest television sets.
As a result, Lenjo advises content creators to seek permission before using third-party intellectual property.
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However, she notes that the brands should be responsible for compensating third-party rights holders because they ultimately use the IP for marketing their products.
“As a content creator, I think that it is important that they know if they must use any third party intellectual property, be it music, pictures, or any other IP assets, then they must seek permission from respective parties.
However, they must keep in copy the brands they are working with because, ideally, the person who should be paying for this third party is actually the brand that has contracted the influencer because, ultimately, It’s this brand that will be using the IP assets that is there, to market their product,” Lenjo continues to give insights.
Lenjo also reminds content creators that seeking legal advice is important, as it depends on the scenario and obligations at hand, as well as being a livelihood that must be treated as a business.
She concludes by issuing a disclaimer that her insights do not constitute legal advice.
In a world where the lines between personal and commercial use are blurred, content creators must be extra cautious and obtain consent when using third-party intellectual property.
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