What happens to a creator’s Instagram, YouTube accounts and earnings after their death? Explained

Social media creators, especially those with a certain number of followers and wide reach, can earn a regular income through platforms such as Instagram and YouTube. In unfortunate cases where a creator dies, their accounts, content and income may be handled differently depending on the platform’s policies.

Instagram and YouTube have strict privacy policies in place which limits access to a deceased user’s account and do not generally allow passwords to be transferred to family members. Therefore, the death of a creator does not automatically provide relatives with access to their account.

In this article, legal experts Kritika Seth, founding partner at Victoria Legalis, and associate Anshita Kohli share key points on what happens to a creator’s social media accounts and earnings after death.

What family members can do in such cases?

After a content creator’s death, their family members or legal representatives can approach Google with a request concerning the deceased person’s Google Account. Then the request and supporting documents are reviewed, following which Google may share certain account content.

The family can also ask Google to close the account, though it does not share account passwords or guarantee access to all data.

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Instagram, meanwhile, offers two options for a deceased user’s account, which include memorialisation or permanent deletion. Family members cannot obtain an archive of the person’s private data, including drafts and direct messages, meaning sensitive data remains safe.

If an Instagram account is memorialised, existing posts remain visible, but the account cannot be used to upload new content. If no action is taken, the account generally remains accessible to public.

What happens to creator’s income?

If the deceased person was a creator on YouTube, their earnings will continue to be credited to the linked bank account as long as the account remains active and the family may be able to access the revenue through them.

When you open a bank account, one of the first things you are asked to do it name a nominee. This is done to ensure that the money or assets can be handed over to someone upon the original holder’s death. But, the nominee isn’t the final beneficiary of the assets and only acts as a custodian.

A rightful heir can submit the required legal documentation to request payment or redirection of accrued earnings. Like any other individual, a creator can also include instructions for their digital assets and online income in a will, helping clarify who should receive the earnings after their death.

YouTube also reserves the right to turn off monetisation on channels that have not uploaded a video or posted for six months or more.

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Instagram memorialisation limits how an account can be used and may therefore affect ongoing creator activity and monetisation. Income from brand deals and other commercial arrangements is a separate matter altogether, as the agreement may be terminated after a creator’s death.

The treatment of pending payments for certain videos or deals also depends on the specific contract and applicable law.

In general, creators retain ownership of the original content and intellectual property that they produce, such as videos, photographs, articles or software. The platform, however, retains ownership of its underlying technology, software, trademarks and infrastructure. The exact rights and permissions are governed by the terms and policies of each platform.

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