How can an influencer protect the intellectual right of his works?

In Peru, copyright is regulated by Law No. 28411, Copyright Law, as amended. This law protects original authored creations, such as literary, artistic and scientific works, granting creators certain exclusive rights over their works.

When it comes to influencers, the content they create, such as photographs, videos, texts, etc., is protected by copyright. Influencers have rights to their original content and, therefore, others cannot use, copy or distribute that content without their permission.

If an influencer wants to share their content with others or allow certain specific uses, they can grant licenses to do so. The licenses specify how others may use the content and may involve the payment of royalties or other terms.

Indecopi recommends influencers to place the disclosure or label revealing the material link with the advertiser in a visible, understandable place and in Spanish language. Avoid, in addition, ambiguous references and abbreviations such as placing only 'Thank you company Xi', 'Partner', '#Publi' or '#Ad'.

Your main source of income is to create original content that does not infringe intellectual property rights, such as using trademarks, songs, images or videos of works whose copyrights belong to third parties, without authorization. And make sure that the publication contains the advertising warnings applicable to the type of product or service advertised.

While, if you make testimonial advertising, it must base its opinions or testimonials on authentic and recent experiences.

Likewise, it must use clear words and images appropriate to the context, avoiding inducing the recipients of the message to commit discriminatory, antisocial or illegal acts.

Finally, Indecopi states that through its Commission for the Control of Unfair Competition it will supervise the practices carried out by influencers that qualify as commercial advertising.

Regulation of influencers often focuses on issues such as transparency in advertising, sponsorship disclosure and consumer protection. Some countries have implemented influencer-specific guidelines, while others rely on existing laws related to advertising and marketing.

In Peru, the regulation of influencers is subject to advertising and consumer protection laws. Peruvian authorities may require influencers to clearly disclose any commercial relationship or sponsorship when promoting products or services. Transparency is crucial to ensure that consumers understand the nature of the relationship between the influencer and the brand they are promoting.

According to Indecopi, advertising infringements may be sanctioned by its Commission for the Control of Unfair Competition with a reprimand or fines of up to 700 UIT, depending on the seriousness of the infringement and provided that it does not exceed 10% of the gross income received by the infringer, relating to all its economic activities. This is without prejudice to the sanctions that would be imposed by other commissions for the effects that their messages may create.

It is important that influencers are aware of their rights and how they can protect their intellectual property. It is also crucial that they respect the copyrights of others when using third-party copyrighted material, such as music, images or text, in their own creations.

Author: Vicente Campodónico – Intellectual Property Specialist
Law Firm: OMC Abogados & Consultores