Minting cash on intellectual property rights tightrope

by Samuel Pordengerg Mar 19, 2023 News
Minting cash on intellectual property rights tightrope
Monday March 20 2023

The TikToker was Mohammed Assad Alby. The photo is in the pool.

Mohammed Assad Alby makes money from social media networks.

His trademark pickup line, Mambo, may be cliché, but it is helping him generate content for his TikTok account so much that he hates the thought of ever looking for a job.

He pulled a chair and said that the 9am-5pm job would pay him Sh 700,000 and above.

Despite the appeal to advertisers who have struck endorsement deals with him to reach his over 600,000 followers on TikTok, 154,000 onInstagram, and over 30,000 subscribers on his rapidly growing YouTube channel, there is the challenge of keeping up with his growing fan base.

They use photos, audio, and videos of random people to entertain or educate their followers on their social media sites.

Some people only seek verbal consent if they want to file a lawsuit for invasion of privacy.

Content creators may have to pay huge sums of money due to legal hurdles in the new technology career.


The TikToker was Mohammed Assad Alby. The photo is in the pool.

There could be lawsuits for misleading product promotions.

Some people are facing legal challenges.

He was sued for posting things on his channel. He says it hurts that he would be sued for making people happy.

He is accused of failing to seek consent to post a video on TikTok and of using the pickup line as defamation.

He started creating content while he was still at the university in September of 2021.

I didn't know the video was going to be so popular. In the Toi market was where it was located. I told the woman the mambo lines and we filmed. I asked if I could post and she agreed, but a year later her lawyers came after me demanding that I issue an apology and pull down the video because I didn't have the permission.

Lawyers say there is a lot to learn about the law as a growing number of organizations turn to influencer marketing.

Content creators need to think carefully to avoid violating the law.

The principle of copyright law is that if something isn't yours, then you have to clear it with the rightful owner.

She says that it's important for them to know if they must use any third party intellectual property.

She says that the brands should pay for the third-party content because they have contracted the influencer and are the users of the work.

Because a brand is an intellectual property, it is important that advertising agencies, the brand and companies that are contracting these social media content creators do due diligence and have a mechanism to clear third-party rights. They are supposed to be careful about how their intellectual property is being portrayed to an audience.

The principle-agency relationship dictates that a principal is liable for an agent's conduct if a brand is not aware that a social mediainfluencer used a song.

In commercial use, using someone's intellectual property to market a product and earning a living out of it, the other person should also earn a living from it. The chain can't be completed if the other holder isn't paid.

Content creation is a means of earning a living and should be handled as a business.

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The TikToker was Mohammed Assad Alby. The photo is in the pool.

When his social media numbers grew, Mohammed realized he could make money.

I picked a few things because I studied marketing at university. He says it wouldn't hurt to collect a few coins if he made people laugh.

He upgraded from a phone to a tool of the trade.

The camera was the first thing my dad invested in. He says that the price of the camera used to shoot TikTok videos can buy you a new Vitz.

He said he had to work to get brands. TikTok doesn't pay content creators in Africa. It's a different ball game in Africa. You need to build a brand, narrow it down to a niche that people know you for, and then pitch yourself to businesses for partnership and collaboration. He says it is a longshot.

Boniswa Sidwaba is the head of content programming for TikTok in Africa.

The monetisation programme has only been rolled out in South Africa. Ms Sidwaba says that the main focus is Nigeria and that it is an interesting market that is still being studied.


Boniswa Sidwaba is the head of content programming. The photo is in the pool.

South African content creators get paid directly from the app whenever they are involved in advertising campaigns on the Chinese platform, unlike the rest of the world.

South Africans may make a lot of money from TikTok, but it's not all bad for the people of Kenya.

The top content creators in the country make at least Sh300,000 a month from brand collaborations, according to a survey.

He is focused on making hay while the sun shines as he waits for his turn.

Bic and Gallitos are two brands that have hired him as a brand ambassador.

You end up attracting brands that fit your brand if you find your niche. He says brands that relate with him are the ones that have hired him to promote their brands.

His start-up is called M.Alby Production LIMITED.

My father used to love photography and saw the vision in me. He says he's received support and guidance.

The company managers are looking for business deals.

The daily operations of M.Alby productions are managed by two managers. There is a group of videographers, photographers, and a lawyer all on the payroll.