Navigating the world of social media can be exciting and rewording, but it also comes with its own set of challenges, especially regarding copyright laws. If you play someone else’s music without permission, you are breaching their copyright.

Understanding these laws is crucial for avoiding severe legal issues and ensuring your social media presence remains intact. This guide will help you navigate the complexities of copyright on social media. Remember, we are not solicitors, and it’s always advisable to seek professional legal advice for specific situations.

What is Copyright?

Copyright is a form of intellectual property law that protects original works of authorship, such as music, literature, and art, from being used without permission. It grants the creator exclusive rights to use, distribute, and reproduce their work.

What’s Not Permitted?

Here are common pitfalls to avoid:

1. Reposting Without Permission: Simply tagging the owner of a photo or video does not make it legal to repost their content.
2. Using Copyrighted Music: Reposting influencer content that contains copyrighted music doesn’t make it legal. Each piece of content must have its own license.
3. Images from Google or other websites: Just because an image is available on Google doesn’t mean it’s free to use.
4. User-Generated Content: Sharing content created by others without their permission, even if it’s publicly posted, can be a copyright violation.
5. Influencer Content: Influencer marketing is not a loophole. Paid promotions and ambassador programs are considered commercial uses and must follow the same standards as branded content.
6. Reposting Content: Even if you repost a video from someone who has the right to use copyrighted music, it does not mean you can republish it on your own channels.
7. Third-Party Videos: Uploading videos that contain copyrighted material, such as clips from movies or TV shows, is illegal without proper licenses.

Possible Consequences

Violating copyright laws can lead to severe consequences:

• Content Deletion: Social media sites will most likely take down content that violates someone else’s intellectual property rights. 
• Account Suspension or Deletion: Social media platforms have strict policies and can suspend or delete your account for repeated copyright infringements.
• Legal Troubles: In the UK, if convicted in a magistrates’ court of copyright infringement, you could face up to 10 years in prison and/or an unlimited fine. In the United States, fines can reach $150,000 (£115,000) every time a picture is used the wrong way.

When it Went Wrong

1. A popular 20-year-old TikToker was sued by Sony Music and had to pay over $800,000 in damages for using a copyrighted music sample without permission. 
2. Over a dozen NBA teams are currently dealing with copyright lawsuits due to claims that they used songs in their social media videos without the necessary permissions. 
3. A student used an image from a Creative Commons website in the school newspaper. Despite not paying a license fee, she neglected to meet the requirements of crediting the photographer or linking to his website. The photographer discovered the oversight and sent her a letter demanding a $750 license fee. 
4. Sony Music Entertainment initiated a lawsuit against Gymshark, accusing the fitness apparel brand of infringing on the copyright of 297 recordings in their advertisements. The two companies settled the lawsuit out of court in 2022. 
5. Earlier this year, Sony Music Entertainment (SME) filed a lawsuit in the US against Marriott International, accusing the hotel company of copyright infringement in social media posts, potentially exposing Marriott to statutory damages of nearly $140 million under US copyright law. 

Checklist for Copyright Compliance

1. Obtain Permissions: Always get explicit permission from the creator before using their content.
2. Credit the Creator: While not a legal requirement, crediting the creator is good practice and can prevent misunderstandings.
3. Utilise Royalty-Free Content: Use content from copyright-free websites.
4. Check Licensing Agreements: When using stock libraries, ensure you understand the licensing agreement. For example, Shutterstock has a standard license option that is suitable for blog posts or social media. However, you’d need an enhanced license for print advertising or billboards with wide viewership, which typically costs more.
5. Ask Creators to Comply: If you work with creators, ask them to create content without copyrighted content so you can use it on your channels.
6. Create Original Content: Whenever possible, create your content to avoid copyright issues.
7. Use Music Libraries Available for Brands: Ensure you use music from available music libraries for brands like TikTok and Instagram. Each platform has its own licensed music library that can be used without violating copyright laws. However, a song on TikTok might not be available on Instagram. Always check the platform’s specific guidelines before using music or other content.

Conclusion

Understanding and respecting copyright laws on social media is essential to maintaining a successful and legally compliant presence. Always seek permission, use copyright-free content, and stay informed about each platform’s specific rules. By following these guidelines, you can avoid serious legal issues and focus on creating engaging and original content for your audience.

Remember, this guide is for informational purposes only, and you should consult a solicitor for legal advice tailored to your specific circumstances.

Got any questions? Get in touch with our team and we’ll be happy to help!