Upload Complete: An Introduction to Creator Economy Law

Abstract

Individuals have been creating and sharing creative works online since the dawn of the World Wide Web. However, only in the last decade and a half have the platform monetization, business, and audience factors reached the necessary levels to provide the foundation of a fully functioning, sometimes self-sustaining, creator economy. To understand the creator economy, it is important to contextualize it with the evolution of the web, the rise of Web 2.0, the on-going development of web3, and the shift from a consumer economy to a creator economy. The democratization of the web and technological advancements have made it possible for anyone with an internet connection to become a creator.

The creator economy has also introduced a new set of legal challenges and opportunities, including issues related to intellectual property, contract law, privacy, and content regulation. Courts and policymakers are still grappling with how to deal with these issues in a way that recognizes, respects, and protects the rights of creators, brands, platforms, and consumers.

Divided into three parts, this article aims to accelerate the conversation around an emerging area the author proposes to label as “Creator Economy Law” while simultaneously offering a survey of how, for nearly the past two decades, governments, regulators, and courts have been shaping the well-established creator economy.

Part I introduces the creator economy, defining “creators” and providing a brief history of creativity on the internet across the concepts of Web 2.0 and web3. The article then discusses the explosion of the creator economy in recent years, driven by the shift from a producer-consumer economy to an attention-driven creator economy. Part II examines a selection of laws that affect creators, from copyright and trademark to privacy and advertising. The article also discusses the evolving relationship between brands and influencers, the rebirth of remix culture, the liability of platforms for content posted by creators and brands, and the self-regulation and moderation of content by platforms. Part III discusses the future opportunities and challenges facing creators in the digital age, including the potential impact of decentralized platforms and communities, the proliferation of generative artificial intelligence technologies, and future law and policy considerations.

Keywords: creator economy, internet law, digital media, social media, platforms, technology law, intellectual property law, AI, artificial intelligence, copyright, section 230, content creators, creators, user-generated content, influencers, web3, generative AI, remix culture, trademark law, content moderation, advertising law, right of publicity, privacy law, digital privacy, contracts, decentralized platforms