Journal of Intellectual Property Law


As social media continues to become more prevalent in society, profitability on social media platforms continues to increase. Parents have discovered ways to profit online by using their children in content to gather views, therefore taking advantage of their children's right of publicity. While some parents use this profit to raise their children, there is no guarantee that children benefit from their parent's use of their name, image, or likeness. Since social media is still a relatively new space, there are not many protections for the interests of children on social media compared to other areas such as child acting. This Note discusses the importance of protecting a child's right of publicity and proposes legislation for Georgia after discussing other states and one nation that have attempted to do so. More specifically, this Note argues that a portion of a parent's earnings online from content involving their child should be placed in a trust for the child upon the age of majority if the content meets a specified threshold.