Digital inheritance: is it possible to give or donate accesses and revenues from social networks and copyrights?

With the advent of social media and various platforms that enable monetization based on a certain number of followers, views, and engagement, a discussion has emerged regarding so-called digital inheritance. Furthermore, some of these platforms allow for the creation of content that may constitute copyright. In the event of the profile 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 profiles during one's lifetime or after death? Jossan Batistute, an attorney at Batistute Advogados specializing in succession and estate matters, explains the possibilities.

“Unfortunately, there is still no specific legislation in Brazil that defines the fate of access to social media profiles; therefore, it is a subject subject to court decisions. Some argue that this access should be granted directly to the heirs, as provided by legislation regarding material assets. However, permitting 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,” states Jossan. According to the expert, it is a highly complex issue that requires deeper discussion and specific legislation.

Therefore, the attorney points out some measures that can be taken to specify who will inherit not only 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, precisely 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, might appropriate this right without actually having it,” emphasizes Jossan. This is especially relevant if the profile in question is profitable.

Regarding content specifically produced and shared on a social media platform, such as a streaming service or a book sales platform, it is necessary to consider copyright in addition to access. “It will be necessary to execute, even within a will, the assignment of copyright for 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 assignment 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 formalities so that the holder can then exercise their rights.”