Can you protect the social media content your business produces? The rapid rise of social media over the last decade has added another layer of complexity when it comes to protecting your brand’s copyright online. In the UK, your online content will usually be protected by copyright so long as it is your original work, or if you have acquired the legal rights to use the work. If you regularly share content via your brand’s social media channels, you should be aware of the copyright issues that could potentially arise.
In this article, our copyright solicitors discuss how you can identify copyright infringement on social media and the steps you can take if an infringement occurs.
Here we will be covering:
- What are the risks when sharing someone else’s social media content?
- What is fair dealing and how does it apply to copyright and social media?
- What are the risks when sharing your own content?
- How to identify copyright infringement on social media
- What can you do if your brand’s copyright is infringed on social media?
- Summary
What are the risks when sharing someone else’s social media content?
Most people who use social media will at some point share someone else’s content, such as an image, video, music or some other type of creative work. If this content includes original work created by someone else, then it’s likely that they own the copyright. This includes content produced on a website. Simply giving credit to the author of the original work will not always be enough to avoid copyright infringement. If you haven’t obtained their permission to use it, you may be leaving yourself open to a potential copyright infringement claim. To avoid these pitfalls, it’s best not to copy and paste content from the internet. If you want to use images or music on your social media account, make sure you buy them from reputable websites and make sure that the licence permits you to use the content in the manner intended.
Social media channels are increasingly taking steps to minimise their liability when it comes to intellectual property infringement on their websites. Each social media channel has its own policies regarding intellectual property rights, which are usually contained in the terms of use. More than likely, this will include a policy stating that you cannot post material on their website if you do not have the legal right to do so, or if it infringes someone else’s intellectual property rights.
What is fair dealing and how does it apply to copyright and social media?
Under the fair dealing exception, you can reproduce other people’s copyright works in the following scenarios:
- For the purposes of research or private study.
- For the purposes of criticism, review or quotation.
- For the purposes of reporting current events (this does not apply to photographs).
Whilst each case will be considered on its merits, the Intellectual Property Office has provided a list of the factors to be considered when determining whether the use of the work constitutes fair dealing.
If you are unsure whether your proposed use falls within the fair dealing exception, it’s a good idea to speak to us before you proceed. Copyright law is complex and getting it wrong may lead to the copyright owner alleging infringement and seeking damages to compensate them for your unauthorised use of their work.
What are the risks when sharing your own content?
Sharing your own original content on social media is the best way to avoid infringing someone else’s copyright. Of course, in doing so, there is always a risk that it may be unlawfully used by someone else. When you post content on a social media channel, you give the platform owner permission to use it. For example, Instagram’s terms of use state that they can use content in various ways, including distributing and copying it. More importantly, if your account permits shares, some social media platforms’ policies state that, when you upload content, you permit the world at large to share it, as is the case with X (Twitter). You should read each platform’s terms and conditions to ensure you understand how your content may be used.
You can protect your content by marking your posts with a copyright notice which should warn people against using your content without your permission. If you share an image, you could include a watermark and link it back to your own website.
How to identify copyright infringement on social media
To prevent infringements of your copyright on social media platforms, you need to be aware of them. The best way to stay on top of how others are using your material is through online brand monitoring. We use cutting edge software to assist our clients in identifying any unauthorised use of their intellectual property online, including on social media platforms. This software constantly monitors your chosen platforms according to the search parameters, checking for images, videos and any other material that may infringe your rights. When we are notified of any potential infringements, we will review the results and, if they appear problematic, assist you in devising a strategy to address them.
What can you do if your brand’s copyright is infringed on social media?
Each social media platform operates its own unique policy governing copyright infringement, and we have provided details below on how you can contact the main platforms to alert them to the issue.
Since most platforms use automated systems, getting the swift and permanent removal of infringing content can be frustrating and time-consuming. Unless you have experience in intellectual property matters and understand the nuances of social media platforms, your efforts are likely to be unsuccessful, since the material can pop up time and time again. That’s where we can help. We have vast experience in assisting clients facing copyright infringements on social media. We understand how to achieve the quick removal of infringing content and, in cases of widespread or repeat infringements, how to bring the issue to the attention of the right person and encourage the platform’s cooperation.
| Social media platform | How to report copyright infringement |
| Facebook allows you to report individual posts or pages which violate intellectual property rights. Click the dropdown button on the right side of the post or at the top of the page and select the report link. You can cite intellectual property as the reason for your report. Alternatively, Facebook has an online form which you can use to escalate such issues. | |
| Instagram has an online form set up for the purpose of reporting copyright infringement. You must be the copyright owner or their authorised representative if you want to file a report using this form. | |
| It may be difficult to prove that a 280-character limit tweet contains original work belonging to you or someone else. If, however, you find that your copyright is being used unlawfully on Twitter, you can send a report using their online form. | |
| If you are the copyright owner or their authorised representative, you can use Pinterest’s online form to report copyright infringement. Alternatively, you can contact Pinterest’s designated copyright agent with the information they require to process your claim. | |
| If you believe that your copyright is being used unlawfully on LinkedIn, you can complete and submit its online notice of copyright infringement form. You must be the copyright owner or authorised to act on their behalf. | |
| WhatsApp users can report content which infringes their copyright, such as a profile picture or status message. You can submit a claim to WhatsApp via email or post with all of the required information to support your claim. | |
| Snapchat | To report the unauthorised use of copyright on Snapchat, you can use the online form to submit a claim. Alternatively, you can file a notice with Snapchat’s designated agent. You must own or control the copyright to be able to submit a report. |
Summary
The potential benefits of social media marketing are vast, offering a platform for your brand to connect with millions of consumers and increase its visibility. The sheer scale of the platforms’ reach and the ease with which content can be copied and shared present significant risks, both in terms of protecting your own brand and avoiding infringing others.
We have extensive experience assisting clients with all matters relating to intellectual property on social media. We will help you to navigate the relevant issues and develop strategies that allow you to protect your brand and avoid infringements while making the most of the invaluable business opportunities offered by social media.
