Copyright Law and Social Media

Copyright law on social media platforms can feel like a minefield of YouTube strikes and TikTok violations for influencers and companies. The delays caused by copyright strikes cost resources and limit advertising potential during resolutions, but it’s possible to avoid these strikes with a few simple actions and a small amount of awareness. 

How Copyright Law Applies to Social Media Platforms

Nearly all of the content on social media receives legal protection from copyright law at the point influencers, or creators, record it in its raw, unedited form. 

The forms of media that are legally considered original works include:

• Photos.
• Videos.
• Written posts.
• Illustrations.
• Short clips (with a small amount of creativity).

The key point to be aware of for these original works is that the moment they hit social media platforms, the ownership rights do not change, as they remain with the creator. Social media users, and even companies, can easily forget this point due to the informal and casual nature of social media. 

Ownership

The standard for ownership is that the social media user who creates original content, such as a video or audio, holds the copyright to the material they have created. 

Content protected by this ownership includes:

• Captions.
• Images.
• Videos.
• Audio. 

When any of these details or features of the content are recorded or designed by the user, they all receive IP ownership protection and cannot be copied or distributed without the owner’s permission. 

Platform terms of service and user licensing agreements

When users upload content, they usually grant the platform a license to host, display, distribute, and sometimes modify that content. These licenses are defined in the platform’s terms of service and are often broad. However, a license is not the same as ownership. The platform can use the content within the scope of the agreement, but the original creator still holds the underlying copyright.

Distinction between personal use and commercial use

Copyright challenges often increase in complexity when social media content moves from the personal sharing environment to a commercial context. 

Legal bodies respond differently to reposts shared by friends compared to content that advertisers use to sell products or brand promotion on monetized accounts. Using content for commercial purposes most commonly requires express written permission from the copyright holder, despite content being easily accessible online.  

Common Copyright Issues on Social Media

It’s useful to know the most common copyright issues, as many of them are difficult to avoid, as their wording can be subtle, making the rules easy to break but causing lengthy delays during the resolution clarification process. 

Reposting images, videos, or music without permission

Credit alone is not enough to avoid copyright law breaches, despite many users believing that credits protect them. Reposting can still warrant infringement without a license or a robust legal exception. 

Use of copyrighted audio in short-form video content

Many short videos depend on music clips to remain appealing, but many of these audio clips are not legally eligible for reuse by all users. Even the shortest audio clips can be vulnerable to copyright claims if a social media platform does not possess appropriate rights. 

Meme culture and limits of fair use

Memes often rely on copyrighted material, and some may qualify as fair use due to parody or commentary. Others cross the line, especially when reused repeatedly or for profit.

For all these reasons, companies must employ legal representatives to advise on how to use social media in a legally safe way, depending on the content they are posting and the content it contains.