Paola Zavala – Associate, Honduras
Today, content creators play a significant role within the digital and commercial environment, raising important questions regarding the legal protection of their image, their creations, and the responsibilities they assume when publishing content on digital platforms. Under Honduran law, these issues may be analyzed in light of the Constitution of the Republic, the Industrial Property Law, and the Copyright and Related Rights Law.
First, a person’s image constitutes an individual right protected at the constitutional level. However, when such image becomes directly linked to an economic or commercial activity, it may acquire the legal nature of a trademark. Article 79 of the Industrial Property Law defines a trademark as “any visible sign capable of distinguishing the products or services of one company from those of others.” Under this definition, the image of a content creator may function as a distinctive sign associated with certain goods or services, particularly when used for advertising or commercial purposes.
A common example can be seen in athletes or public figures who become the representative image of a company. Similarly, content creators engaged in commercial collaborations incorporate such activities into their public and commercial identity. In these cases, a private contract typically governs the use of the image, establishing the rights and obligations of both parties. Moreover, when a creator has public recognition and a significant follower base, they may register their personal or artistic name as a trademark, thereby obtaining dual protection over both their image and their commercial identity.
With respect to ownership of the content they produce, not all creations are automatically protected by copyright. The Copyright and Related Rights Law protects only those works that meet certain fundamental requirements. First, the work must be original, meaning it must result from the author’s creativity and not be a mere copy or imitation. This excludes, for example, the replication of viral trends without meaningful creative contribution. Second, there must be human intervention in the creation of the work. Finally, although protection arises from the moment of creation, registration before the Honduran General Directorate of Intellectual Property (DIGEPIH) is highly advisable, as it constitutes legal proof and facilitates enforcement in the event of disputes or plagiarism.
The use of artificial intelligence in content creation introduces an additional layer of analysis. When a work is generated entirely by artificial intelligence, without creative human intervention, it cannot be protected by copyright, since the law protects only human creativity. However, if artificial intelligence is used as a supporting tool—for example, to edit, enhance, or generate ideas—and the creator provides substantial creative input, the content may still be considered their authorship. The key lies in the degree of human intervention and the originality of the final result.
Regarding legal protection of image and creations, Article 76 of the Constitution guarantees the right to privacy and to one’s own image. Although Honduras does not have a specific statute regulating image rights, improper use may be challenged when dissemination occurs without consent. Artistic and audiovisual works, in turn, are protected under the Copyright and Related Rights Law, provided they meet originality requirements and, preferably, are duly registered.
In the area of privacy and information security, Honduras still lacks specific legislation on personal data protection. As a result, confidentiality between content creators and companies is primarily ensured through contractual mechanisms, such as non-disclosure agreements (NDAs) and clauses regulating the handling of sensitive information. These instruments are particularly relevant when creators have access to marketing strategies, customer databases, or confidential business information, as well as when companies access personal data belonging to creators.
Finally, content creators must be aware of the legal risks associated with publishing material on digital platforms. These include copyright infringement through unauthorized use of third-party content, violations of image and privacy rights, defamation, improper exposure of minors, misleading advertising, and the dissemination of hate speech. Additionally, breaches of platform policies may lead to account suspension or termination, even when no legal violation has occurred.
In conclusion, the work of content creators carries not only creative and commercial implications but also legal consequences. Understanding the applicable legal framework allows creators to effectively protect their image and content, while minimizing risks associated with improper use of intellectual property, personal data, or third-party rights.
Content creation on social media and the use of artificial intelligence remain relatively new phenomena—particularly AI—in Honduras. However, they already represent an important source of income and employment. This makes it increasingly necessary to promote regulatory development that protects both creators and the data involved in these activities.
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