Times have changed. A child used to say he or she wanted to be a doctor or an astronaut later. Today, parents are more likely to hear terms like streamer, content creator and influencer.
Some children also practice these activities at an early age, since one can simply do this with a camera, microphone, a good computer and Internet connection.
Parents are often unaware of all the legal opportunities and obligations these hobbies or lucrative pursuits entail. We hereby attempt to provide an overview of some key areas of concern.
Parental responsibility
As a parent of a minor influencer, it is important to be aware of the legal issues involved. Parents bear responsibility for their children, even when they are active online as influencers. Minor children, like adult influencers, can become involved in situations that have legal ramifications. As a parent, it is crucial to be actively involved in your child’s content and activities, and guide them to avoid the possibility that you as a parent could be held liable.
Minor children also often do not have the legal authority to enter into legal acts independently. This means that parents act as legal representatives and make important decisions on behalf of their child. Business opportunities and sponsorship deals can be at stake in the world of influencers, and it is critical that parents, as legal representatives, manage these matters carefully.
Copyright
Content creators and streamers often use copyrighted content. For example, this could be in the form of a clip from a TV show or movie (as a GIF or meme) or music as background music. Furthermore, your child may be creating their own content that may be copyrighted.
Here it will be important to pay attention to the intellectual rights of third parties and also to secure and manage your child’s intellectual creations.
For more info, read our blog on copyright & influencers.
Privacy & portrait rights
The right to image means that you basically need permission from a person to take a picture or video with that person recognizable in the picture, as well as separate permission to publish that picture or video.
Suppose your child films individuals on the street, what about consent? When your child films a family member or friend, what about it? So should this permission be sought?
Contract Law
Content creators, influencers and streamers are increasingly being approached by all possible parties to enter into agreements, e.g., influencer agencies that want to mentor and represent your child (in court or otherwise). This often involves signing contracts. This can even be done through informal channels such as Whatsapp and Facebook Messenger.
There is no negotiation involved. Perhaps no clauses themselves are discussed or shown. This undoubtedly raises questions:
- What about the validity of these contracts?
- Does this require my consent as a parent if my child is a minor?
- What if the agency is not based in Belgium?
- ….
Trademark law
Many content creators, influencers and streamers who already have a nice amount of followers also already have some name recognition that is often linked to a name, logo, slogan or other icon. Under those characters you can start selling any merchandise.
Parents are charged with managing the assets of their minor children.
So there is clearly a lot involved in simply streaming or creating content via social media and other online platforms. If you still have questions, feel free to make an appointment.