Social Sharing Might Get You Sued: Social Media And Copyright Law

With over 60% of the global population using various platforms, social media is everywhere, and sharing content is second nature for many businesses and individuals. But did you know that copyright law says a simple post or share could land you in legal trouble?

Copyright law protects creators’ rights, ensuring third parties use their work appropriately. While platforms like Facebook, Instagram, and Twitter make sharing easy, they also come with risks if you’re not careful.

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Navigating these legal waters isn’t impossible, though, as understanding key concepts like Creative Commons and Fair Use means you can confidently share content while respecting the rights of creators. This article will guide you through the essentials of copyright law and social media, helping you stay on the right side of the law while continuing to enjoy the creative freedom that makes these platforms so engaging.

Quick Takeaways

• Copyright law protects creators’ rights, and using their content without permission can lead to legal trouble.

• Creative Commons licenses allow creators to specify how others can use their work, offering more flexibility while respecting copyright.

• Fair Use permits limited use of copyrighted material without permission in specific scenarios like education or commentary, but it doesn’t cover all cases.

• Infringing on copyright law can result in lawsuits, fines, and damage to your brand’s reputation, so it’s essential to use content responsibly.

All Rights Reserved

It’s important to understand the key terms in trademark discussions when analyzing copyright law and social media. Most original productions and trademarks are copyrighted and protected by U.S. trademark law.

The owner or author of an original piece of work commonly uses the term all rights reserved for a trademark to identify that the author is providing notice that they hold all the rights to that content, its distribution, and derivatives of the work.

Creative Commons

According to the non-profit organization that created it, Creative Commons is an alternative to the all-rights-reserved method of copyrighting material. They established it so that artists could identify exactly which rights they reserve and which rights they are willing to waive.

This distinction allows the artist to see a wider content distribution. For example, artists may enable others to use their content with attribution and no restriction on the derivatives they can create from it. Others may restrict the use to attribution only but will not allow the use of derivatives.

Fair Use

Fair Use is a part of trademark law that supports freedom of expression by enabling the limited use of copyright-protected materials. This unlicensed use doesn’t require permission from the rights holder but only permits this use in specific scenarios.

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Generally, fair use of certain excerpts of copyrighted material in things like education, news, research, and commentary is possible. Violations of fair use will look to factors such as the intent, the importance, the amount, and the effect of the copy.

Copyright Law As A Business

At one point, copyright law enforcement looked like it could become a viable business. In 2010, a lawyer in Las Vegas founded a company called Righthaven.

The gist is that Righthaven would sign a contract with a traditional media publication, search for its content online, and sue the owners of various websites for using this material without permission.

The term given to this practice was copyright trolling, and Righthaven filed over 250 lawsuits against media companies in 2010 and 2011.

Righthaven would usually demand about $75,000 and call for the media company to surrender its domain name to settle these cases out of court, and this strategy worked well for them in the beginning.

However, in 2011, several judges determined that Righthaven had no grounds to sue because the company didn’t actually own the copyrights to the material. The company’s agreements with those media outlets only gave them the right to sue, which isn’t transferable under copyright law.

The courts fined Righthaven, and the company entered insolvency by late 2011. The company then had to sell its assets to pay debts, ending this business model.

You Still Have to Be Careful About Copyright Law

Despite Righthaven’s failure as a copyright enforcement company, it’s still possible for rights holders to sue your company if you use their material. Righthaven tried suing companies protected under Fair Use laws, but Fair Use doesn’t apply in every situation.

You must be highly cautious about copyright law because using copyrighted material on social media without proper permission can lead to serious legal consequences.

Copyright law protects the original work of creators, like photos, videos, music, and written content, ensuring they have control over the use of their work. It’s copyright infringement when you share or use this material without obtaining the necessary rights or permissions.

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Even if content is easily accessible online, it isn’t necessarily free to use. Many businesses mistakenly believe that anything online is fair game for sharing, but this isn’t the case.

For instance, using an image from Google without permission, posting someone else’s article, or even sharing videos without proper credit can all violate copyright law.

The repercussions of copyright infringement can be severe. Business owners might face lawsuits, heavy fines, or even have their sites taken down. Beyond legal troubles, there’s also a risk of damaging a brand’s reputation, as customers and followers tend to lose trust in businesses that engage in unethical practices.

Businesses should always ensure they have the right to use content by creating it themselves, obtaining permission from the owner, or using content with an explicit free-for-use label, such as those under a Creative Commons license. Access to a legal team to iron out the details is also advisable to avoid these issues.

Legal Social Media Use

Being careful about copyright law protects your company from legal problems and fosters a respectful and ethical online environment, making it worth your time and effort. Whenever you post something on social media, take the time to ensure you aren’t violating any laws because it could prevent significant headaches in the future.

Marketing Insider Group can create customized social media content for your brand with our Social Media Content and Management Services. The result is original materials on your social media pages, minimizing the risk of copyright infringement. Reach out to Marketing Insider Group to learn more, or book your free consultation with our team.