Who owns the trend that went viral on social media?

In the world of social media, trends, or viral tendencies, are born, spread and receive thousands of views in a matter of hours. But can someone be legally considered the “owner” of a trend?

Image/reproduction: Pinterest

The answer begins with an analysis of what constitutes a creation protected by law. In Copyright Law, only creations that have originality and concrete expression are eligible for protection, such as songs, choreographies, scripts, videos, images and other artistic elements. In other words, the simple idea of ​​“a cool dance” or “a funny catchphrase” is not protected. But the way in which this idea is executed is.

If a trend is based on an original choreography, an original song, a well-structured comedy script or even an innovative visual performance, it may fall within the protections provided for in the Copyright Law. In this case, any unauthorized reproduction may constitute an infringement.

However, when we talk about aesthetic, visual or conceptual trends, especially in the fashion market, the scenario is more complex. Designers and brands often see their concepts or productions being replicated without credit or authorization. In these cases, legal protection can come through trademark registration, industrial design or even unfair competition lawsuits.

In practice, each case requires a thorough analysis: was there a direct copy? Was there improper use of an original creation? Or is it just inspiration?

More than that: did the creator or brand already have legal mechanisms to protect that creation? This is where the importance of specialized legal advice in fashion and entertainment comes in. It helps identify creative assets, provides guidance on registration and formalization of authorship, and guarantees support in case of conflicts.

Viral trends are not just entertainment; they move the market, generate value and shape the identity of brands and creators. And all of this deserves protection.

If you or your brand produce creative content, whether on social media, on the catwalk or in advertising campaigns, the legal department should be by your side from the beginning. This avoids unpleasant surprises and strengthens professional performance in one of the most dynamic sectors today.