Intellectual Property Rocks in a New Digital Era

by | Jul 22, 2025 | Uncategorized | 0 comments

The digital age is reshaping how creativity and value flow—and what that means for intellectual property (IP). Once anchored in tangible works and physical performances, IP now thrives in a realm where virtual presences, digital replicas, and continuous earnings streams are redefining both opportunity and estate planning.

Virtual Presences: The Rise of Digital Avatars

Iconic artists like KISS and ABBA are embracing digital avatars to deliver immersive, virtual performances. These animated incarnations can perform endlessly—potentially generating revenue long after the physical performer’s time has passed. Today’s creators need to ask: Should our digital likenesses continue to exist? Could virtual shows become a perpetual revenue stream?

Rethinking Estate Planning

As digital clones and virtual experiences take center stage, estate planning must evolve to keep pace. Artists and creators must ensure that their IP—along with royalties from virtual personas and generated content—is properly assigned and protected. Without forward-thinking legal structures, heirs could miss out on long-term value derived from digital IP.

New Strategies for Creators

Emerging technologies are opening new monetization channels, including licensing, merchandising, virtual shows, and interactive digital content. To thrive, creators must:

  • Understand and retain rights to their digital likenesses.
  • Define how IP royalties are allocated within their estate plans.
  • Build contingency measures that guard against infringement throughout their lives and estates.

Navigating the Risks

The digital era isn’t without pitfalls. New technologies present new legal challenges, including unauthorized copying, accidental infringement, and ambiguity surrounding ownership in digital estates. Robust legal frameworks and smart estate planning are essential to safeguard creative legacies in this shifting landscape.

Looking Ahead

The digital evolution blurs the lines between physical and virtual. Avatars may become autonomous performers, continuing to earn and shape cultural memory beyond any one lifetime. For creators, the questions are clear: 

  • How is your IP defined for the virtual era?
  • Who controls it after you’re gone?
  • Have you mapped it into your retirement and estate strategy?

We stand at a turning point where creativity meets technology, and legacy meets innovation. For artists and estate planners alike, it’s time to embrace the virtual, protect the intangible, and ensure that digital creations continue to deliver value—for now and for generations to come.

The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation.

The content is developed from sources believed to be providing accurate information. The information in this material is not intended as tax or legal advice. It may not be used for the purpose of avoiding any federal tax penalties. Please consult legal or tax professionals for specific information regarding your individual situation. This material was developed and produced by FMG Suite to provide information on a topic that may be of interest. FMG Suite is not affiliated with the named broker-dealer, state- or SEC-registered investment advisory firm. The opinions expressed and material provided are for general information, and should not be considered a solicitation for the purchase or sale of any security.

Eric Riggenbach

Executive Director

I have been in the financial and insurance industry since 1990 and began my career while pursuing a Bachelor of Science in Business Management.

For the last 30 years, I have embraced further education by obtaining a Securities registration, and further education with a bachelor’s degree in economics and finance from Cambridge.

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