How to Handle Copyright Suspension on Instagram

Thousands of creators are losing their Instagram accounts to copyright-related terminations – often with little or no warning. If this has happened to you, or you’re worried it might, this guide will show you exactly what to do.

Our firm has helped dozens of influencers and creators recover their accounts after copyright issues. What follows comes directly from that experience: real cases, real outcomes, and actionable steps you can take today.

Understanding Instagram’s Copyright System

First, let’s understand what you’re dealing with.

Instagram (owned by Meta) must comply with copyright law and enforce its own “Repeat Infringer Policy.” If you repeatedly post content that includes someone else’s work – music, videos, images – your account may be restricted, disabled, or permanently removed.

While Instagram doesn’t publicly define a “strike” count, the practical reality is this: multiple removals increase your risk of termination. It’s better to assume cumulative risk rather than counting on a fixed number of warnings.

If your account was disabled, it’s not personal. Instagram is enforcing the law – specifically, the Digital Millennium Copyright Act (DMCA). When a valid claim is filed, Instagram must respond.

Now let’s look at the most common triggers for copyright suspension.

The 4 Most Common Copyright Violations

Violation #1: Unlicensed Music in Reels or Stories

One of the most frequent triggers is using unlicensed music.

Many creators use trending songs assuming they’re safe, but unless they’re part of Instagram’s licensed audio library (or you have a separate commercial license), you’re risking a takedown.

Here’s the catch: if your account is flagged as a business or monetized account, many music rights that personal accounts enjoy may no longer apply.

How to prevent it: If you can’t get permission from the rights owner, subscribe to a royalty-free music platform so you’re covered commercially.

Violation #2: Reposting Content You Don’t Own

Another major cause is reposting someone else’s content without permission – even if you credit them. Credit does not mean permission.

Common examples include:

• Re-uploading TikTok or YouTube videos to your feed
• Sharing movie clips, fan edits, or memes without rights
• Posting customer photos or videos without explicit consent

How to avoid it:

• Always ask for permission. Send a DM or email and keep a screenshot as proof
• Use Instagram’s built-in share tools rather than downloading and re-uploading content
• Get a license if you’re using music or clips for business or promotions
• For user-generated or customer content: always get written consent

Violation #3: Using Copyrighted Logos, Product Images, or Brand Material

This especially affects e-commerce sellers and influencers, but can impact anyone.

If you post content displaying a brand’s logo, product packaging, or recognizable character without permission, Instagram may treat it as infringement.

To prevent this:

• Use your own photography whenever possible
• If collaborating with a brand: get written approval – an agreement or email confirming you can use their logo or content
• If you’re a seller using supplier images: get a release confirming your usage rights

Written proof may save your account later.

Violation #4: Using AI-Generated or “Borrowed” Content Without Rights

This is more complex because the rules around AI-generated content are still evolving.

Many creators use AI tools to produce videos, graphics, or captions and assume the output is automatically safe. That’s not always true.

If the AI tool was trained on copyrighted works or used unlicensed material, the output could still infringe someone else’s rights. In other cases, fully AI-generated content may not enjoy copyright protection at all.

Since the law isn’t settled, treat this as a grey area.

How to reduce risk:

• Always check the license or terms of any AI or stock platform you use
• Ensure your content is either original or clearly licensed for commercial use
• Avoid uploading AI-generated work that imitates real people, voices, or brands without permission

The Appeal Process: What to Do If You’re Suspended

The best way to deal with copyright suspension is to prevent it from ever happening. But if your account has been suspended for alleged copyright infringement, here’s what you can do.

Step 1: Gather Your Proof

Collect any evidence showing you had the right to use the content: licenses, invoices, screenshots, DMs. The more organized you are, the better.

Step 2: File an Appeal via Instagram’s Help Center

Go to help.instagram.com and search “My Instagram Account Was Deactivated.” You’ll find the appeal form.

Explain your situation factually and briefly. State that you have proof of permission or license. Avoid emotional language – stick to facts.

Step 3: Submit a Counter-Notification (if removal was under the DMCA)

This part must be handled carefully.

A counter-notice is your formal response to a takedown. It’s you telling Instagram that the claim was wrong – that you had the right to use the content.

Important: This is a legal statement made under penalty of perjury.

After you file a counter-notice, Instagram forwards it to the person or company who filed the complaint. From that point, they have about 10 to 14 business days to act.

Their two choices are:

• File a lawsuit in federal court to keep the content down, or
• Do nothing – and if they don’t sue, Instagram will usually restore your post or account

Critical warning: Filing a counter-notice can land you in court.

Because of this risk and legal exposure, it’s always advisable to consult an attorney before submitting a counter-notice. An attorney will review the case and materials and help you avoid turning a platform issue into a court case.

If the claim really is wrong and you can prove it, a counter-notice can work. Just treat it seriously, consult with an attorney, and make sure you understand exactly what you’re getting into.

When to Seek Legal Help

If Instagram keeps rejecting your appeals or you’re facing multiple claims, consider legal assistance.

Our firm has helped many creators, influencers, and business owners recover their accounts. If you have any legal questions about Instagram suspensions, feel free to reach out to us.

The Bottom Line: Prevention is always better than recovery. Protect your account by getting proper permissions, using licensed content, and keeping documentation of your rights. But if suspension does happen, act quickly, gather your evidence, and don’t hesitate to get professional help when needed.