With the advent of social networks and various platforms that allow remuneration from a certain number of followers, views and engagement, There was a discussion about the so-called digital heritage.. Furthermore, Some of them allow the creation of content that can be copyrighted.. In the event of the death of the profile holder, who is responsible for managing the content and, if that's the case, receive the dividends? The donation can be made, in life or after death, of the revenue from these profiles? Expert in matters of inheritance and property, the lawyer Jossan Batisute, of the Batistute Law Firm, explains the possibilities
Unfortunately, there is still no specific legislation in Brazil that defines the destination of access to social network profiles., therefore, It's a matter that's at the mercy of court decisions.. Some argue that these accesses are intended directly for the heirs, as provided for in the legislation in relation to tangible property. Meanwhile, allowing access may run into specific data protection laws. Furthermore, not every social network profile is profitable or generates revenue. And those who do not yield may not be of interest to heirs., says Jossan. According to the expert, It is a very complex subject which needs further discussion and its own legislation.
That's why, The lawyer points out some ways that can be taken to specify who will inherit not only access to social networks, but, also, the profits from these profiles and their activities. "In the first place", allocating and specifying this matter in a will is a safe and effective way of transmitting this access, Defining exactly who can manage. This is because, nowadays, Many business and even personal profiles are managed by third parties who, if there is no legal specification, They can take that right without having it., In fact., highlights Jossan. Especially if the profile in question is profitable.
As regards the question of some content produced and shared specifically on a social network, as a streaming or book selling platform, must be taken into account, in addition to access, the copyright. Will it be necessary to carry out, even in a will, the assignment of the copyright in a song or a book in order to, in addition to managing the profile or sales platform, the person has access to the income from that content.⁇ The assignment can be, inclusive, for a charitable organisation or institution.
