Are Social Media Posts Copyrighted?

Discussing image copyright might not be the most riveting topic at dinner, but for social marketers, it’s essential knowledge. Understanding how to ethically source and credit images created by others is crucial for boosting engagement, especially since content accompanied by visuals tends to garner significantly more interaction.

If you lack the means to produce all your visuals independently, learning the ins and outs of finding and using images legally is imperative.

What Constitutes Image Copyright?

Image copyright denotes the legal ownership of an image, whereby the creator possesses exclusive rights to duplicate or replicate it. This ownership is inherent in the original post and does not require registration with a copyright office.

The concept of image copyright applies to various forms of visual art, including photographs, digital art, infographics, maps, charts, paintings, and more.

Although nuances in image copyright laws may differ among countries, the Berne Convention treaty establishes fundamental copyright standards across 181 nations, including Canada and the United States.

Under this treaty and the copyright laws of Canada and the U.S., copyright holders are granted exclusive privileges, including the translation, reproduction, creation of derivative works, distribution, and public display of their works.

Essentially, original creators retain ownership rights over their creations, entitling them to control their display and reproduction. If one did not create the image, obtaining permission is necessary for its commercial use. Further elaboration on this topic will be provided in subsequent sections.

How Does Copyright Works on Social Media Platforms

Understanding how copyright functions on social media platforms involves grasping several key concepts to navigate legal requirements effectively:

1. Commercial Intent

This refers to the intention of a brand or entity to utilize products, tools, or content, including intellectual property, for profit. For instance, using user-generated content (UGC) in advertising campaigns typically falls under commercial intent.

1. Fair Use Doctrine

In the United States, fair use doctrine is a legal principle permitting the use of copyrighted material under certain circumstances without seeking permission. Examples include news reporting, educational purposes, and research.

1. Fair Dealing

This legal concept, applicable in countries beyond the US, such as the UK, Australia, India, and Singapore, allows for specific uses of copyrighted material without permission. However, compared to US fair use laws, fair dealing provisions often impose stricter limitations and fewer exceptions, necessitating awareness of the regulations in each jurisdiction.

1. Ownership of Posted Content

This pertains to the original creator or owner of content shared on social media platforms. Despite platforms retaining rights to content according to their licensing agreements, other social media users maintain legal ownership of the content they post.

While these explanations cover fundamental legal terms, it’s crucial to seek guidance from legal professionals to ensure compliance and understanding of any additional pertinent topics.

What are the Guidelines for Using Images Legally on Social Media?

Before delving into the intricacies of image copyright on social media, here’s a handy guide to kickstart your understanding of copyright act.

Copyright regulations governing social media mirror those in other domains. Utilizing images that are not your own necessitates obtaining permission, whether through formal agreement, a license or directly from the creator.

For instance, Instagram stipulates, “Under Instagram’s Terms of Use and Community Guidelines, you can only post content to Instagram that doesn’t violate someone else’s intellectual property rights.”

Simply sharing an image on a public social account doesn’t relinquish its copyright to the public domain; the original creator retains ownership. Nevertheless, owing to the nature of social media as a platform for sharing, there exist some unique avenues for utilizing copyrighted images.

Sharing Images

Within a platform, it’s generally acceptable to reshare images using native sharing tools such as Retweets, reshares, or repins, which automatically credit the creator. These actions are contingent on account permissions and are covered by platform terms and conditions.

Resharing is an effective strategy for businesses, both small and large. Remember, these reshare functionalities are inherent to the platforms. Any method involving copying or downloading an image is not considered a native reshare. This brings us to…

Reposting Images in Feeds

Many brands repost user-generated content, which is a potent marketing strategy, enriching content calendars while bolstering social proof. However, if there’s no built-in feature for native reposting of content posted elsewhere, seeking permission becomes necessary.

Providing credit is crucial, but it alone isn’t sufficient. A branded hashtag can facilitate the collection of user-generated content, but it doesn’t equate to permission. Prior to posting images or reposting a photo, even one tagged with a branded hashtag, it’s advisable to reach out to the creator via DM or comment to ensure consent.

Stitches, Duets, Remix, etc.:

Rather than straightforward sharing, these tools enable social media users to build upon others’ work on the internet and social media. Once again, as these are native features, no additional permission is needed beyond the attributions integrated into the relevant app.

The original creator is automatically credited and notified. Social media users who prefer not to utilize their own content this way can disable the relevant options in their account settings.

Are There Serious Consequences to Copyright Infringement on Social Media?

Yes. If you’re caught using someone else’s content without permission on social media, you’ll likely receive a legal warning called a cease-and-desist letter. This letter tells you to stop using the image and remove it from your account. Sometimes, you might also be asked to pay money to compensate for the lost earnings of the copyright owner.

If you quickly remove the image and apologize sincerely, the matter might end there. However, you could face a lawsuit if you’ve made money from someone else’s content or someone else’s work and used it in a way they strongly disagree with.

Alternatively, if you’re reported for breaking copyright rules multiple times on social media platforms, your account could be suspended or even removed. For example, Instagram warns that accounts repeatedly posting copyrighted content may be disabled according to their policy.

In summary, it’s not worth the risk of damaging your business’s reputation or facing legal troubles by using copyrighted material without permission. Thankfully, many sources of images are available for social media use and commercial purposes that won’t land you in trouble.

Easy Tips to Prevent Copyright Issues on Social Media

Avoiding copyright problems on social media is crucial to protect your brand from potential legal troubles. Violating copyright laws can lead to severe legal consequences such as account deletion, lawsuits, or hefty fines of up to $150,000. To safeguard your brand and stay compliant, here are six simple tips to follow:

1. Develop Your Company’s Social Media Policy with Legal Guidance:

Collaborate with your legal team, whether in-house or external, to create a clear social media policy for your company. This policy should outline guidelines for content sharing, reposting, and engaging with creators. Establish approval workflows to ensure compliance before publishing any content.

2. Prioritize Original Content:

Whenever possible, create original content to minimize copyright risks. While leveraging trends and viral sounds can boost visibility, focus on producing unique content to avoid potential legal issues. Discuss with your legal team the balance between original and third-party content.

3. Use Business Accounts Wisely:

Ensure your brand operates using a business account on social media networks. Creator accounts, designed for personal use, may not provide adequate copyright protections for commercial entities. Stick to business accounts to stay compliant with copyright regulations.

4. Obtain Permission and Licensing:

If using third-party content is necessary, obtain proper licensing (Creative Commons licenses) and permission from the creators. Work closely with your legal team to navigate the process of requesting and obtaining permission and negotiating usage rights for external content.

5. Secure Release Forms for Video Participants:

When featuring individuals in your brand’s social media content anywhere, ensure they sign release forms granting permission to use their likeness or image commercially. Consult with your legal team to draft appropriate release forms tailored to your brand’s needs.

6. Exercise Caution with Trending Sounds:

Avoid using trending sounds without permission to mitigate the risk of intellectual property infringement. Even innocent use of popular audio tracks can lead to legal complications. Consider creating content or seek legal advice before incorporating trending sounds into your blog post social media posts.

By following these straightforward tips and collaborating closely with your legal team, you can navigate social media and copyright protection issues effectively and protect your brand from legal liabilities.