With the advent of social media and various platforms that allow monetization based on a certain number of followers, views, and engagement, the discussion about so-called digital inheritance has emerged. Furthermore, some of these platforms enable the creation of content that may constitute copyright. In the case of the account holder’s death, who becomes responsible for managing the content and, if applicable, receiving the dividends? Is it possible to donate the revenue from these accounts during one’s lifetime or after death? Jossan Batistute, an attorney specializing in inheritance and estate matters at Batistute Advogados, explains the possibilities.
“Unfortunately, there is still no specific legislation in Brazil that defines the fate of access to social media profiles, so this issue is left to the discretion of court decisions. Some argue that this access should be granted directly to the heirs, as provided by legislation regarding material assets. However, granting access may conflict with specific laws related to data protection. Moreover, not every social media profile is profitable or generates revenue. And those that do not yield income may not be of interest to heirs,” says Jossan. According to the expert, this is a highly complex issue that requires deeper discussion and specific legislation.
Therefore, the attorney suggests some steps that can be taken to specify who will inherit not just access to social media but also the profits derived from these profiles and their activities. “First, addressing and specifying this issue in a will is a safe and effective way to transfer this access, clearly defining who will be able to manage it. This is because, nowadays, many business and even personal profiles are managed by third parties who, without legal specification, could take possession of this right without actually having it,” Jossan emphasizes. This is especially relevant if the profile in question is profitable.
Regarding the issue of content produced and shared specifically on a social media platform, such as a streaming service or book-selling platform, it is necessary to consider not only access but also copyright. “It will be necessary, even in a will, to transfer the copyrights of a song or a book so that, in addition to managing the profile or sales platform, the person can access the income from that content.” The transfer can even be made to a charitable entity or institution. “It is possible to transfer to individuals or legal entities, and within this context, it is necessary to formalize and complete all legal formalities so that the holder can then exercise their rights.”
