Instagram account as an object of civil legal relations
DOI:
https://doi.org/10.15330/apiclu.69.2.1-2.12Keywords:
civil rights object, Instagram account, social network, digital content, personal data, intellectual property rights objectAbstract
In the conditions of rapid informatization of the society and our active communication and work on the Internet, accounts in social networks have become of great social and economic importance. Instagram today is a platform for the development of personal brands and commercial products. As a result, there are a number of problems with the civil turnover of Instagram accounts and the possibility of their alienation, which will be clarified in this scientific article.
During the investigation of the legal nature of the Instagram account, its definition and a list of key features were given. It has been found that a social network account is a complex concept and includes personal data and digital content. It is also stated that an Instagram account cannot be legally owned, only the use regime can be applied to it.
If we analyze the legal regime of the components of the Instagram account, namely - digital content and personal data, then the situation is even more interesting. Personal data cannot be alienated because it is a personal intangible asset from the point of view of civil law, and digital content is in fact the object of intellectual property law and can be alienated only when it is materialized on the media. At the same time, keep in mind that ownership of a tangible medium of digital content, the right to digital content itself, and the right to an Instagram account are completely independent of each other.
The article also emphasizes the discrepancy between the de facto economic circulation of Instagram accounts and the absence of their recognition as independent objects of property rights under current civil legislation. In this regard, the author substantiates the need for further doctrinal discussion and potential legislative development aimed at adapting civil law to the realities of the digital economy.
