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 was created. Additionally, some of them enable the creation of content that may establish copyright. In the event of the death of the profile holder, who is responsible for managing the content and, if applicable, receiving the dividends? Is it possible to donate, during life or after death, the income from these profiles? Specialist in succession and patrimonial issues, lawyer Jossan Batisute from 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 it remains subject to court decisions. Some argue that these accesses should be directly granted to heirs, as provided by legislation regarding tangible assets. However, allowing access may conflict with specific data protection laws. Additionally, not all social media profiles are profitable or generate revenue. And those that do not generate income may not be of interest to heirs," says Jossan. According to the specialist, it is a quite complex topic that requires a deeper discussion and its own legislation.
Therefore, the lawyer points out some possible ways to specify who will inherit not only access to social media accounts but also the profits derived from these profiles and their activities. "First of all, allocating 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, if there is no legal specification, could seize this right without actually having it," emphasizes Jossan. Even more so if the profile in question is profitable.
Regarding the issue of any content produced and shared specifically on a social network, such as a streaming platform or a book sales platform, it is necessary to consider, in addition to access, copyright. It will be necessary to assign the copyright of a song or a book, even through a will, so that, in addition to managing the profile or sales platform, the person has access to the income from that content. The assignment can also be 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 the formalities so that the holder can then exercise their rights.
