We’ve all done it, scrolled to the bottom of the terms and just accepted them. But here’s some key points that you might be missing.
I’m not an attorney, however these are some best practices I encourage business owners who are DIYing their marketing.
It's been a few weeks since the marketing event of the year - The Super Bowl. And we are also in award season and major events like this, moments are frequently turned into memes with trending audio. While these viral opportunities might seem tempting, they come with significant legal risks.
As a content creator, understanding these potential infringements could be the difference between growing your brand and losing your accounts altogether.
Let's explore some common copyright pitfalls in today's digital landscape:
1. The Trending Audio Trap
Trending audio can catapult content into viral territory, potentially exposing your brand to millions of new viewers. It's no wonder that people are selling "guides" on how to leverage these trends. However, there's a crucial detail these guides often overlook: using audio without permission is copyright infringement.
Whether you extract audio from another Reel, TikTok, or any platform, you're using someone else's intellectual property without proper authorization. The consequences can range from:
Your account being reported to the platform
Receiving a cease and desist letter
Facing a lawsuit from the original creator
Having the platform remove your content
Most commonly, the original rights holder will request removal of the unauthorized audio from your videos. While this might seem minor, repeated violations can lead to account suspension or termination.
2. The User-Generated Content Dilemma
User-Generated Content (UGC) has become a cornerstone of authentic marketing strategies. Brands love showcasing how real customers use their products, but this comes with legal responsibilities.
Important: Even if you're tagged in someone's post, you still need explicit permission to repurpose their content. Being tagged is not legal consent for reuse.
Best practices include:
Always DM creators to request written permission
Keep records of these permissions
Consider creating a simple template for content usage rights
Give proper credit when reposting
Without written permission, you're engaging in copyright infringement, regardless of how flattering the original content might be to your brand.
3. The "Free Internet Resource" Myth
Those images from Google searches or inspirational quotes from Pinterest might seem free for the taking, but platform community guidelines are clear: you need proper rights to use this content.
This includes:
Stock photos (which require licenses)
Quotes from books, speeches, or other copyrighted works
Images of celebrities, athletes, or public figures
Screenshots from broadcasts or streams
Many creators mistakenly believe that providing attribution is sufficient, but proper licensing often requires more than simply crediting the source.
Protecting Your Digital Presence
As social media becomes increasingly competitive, the temptation to cut corners grows stronger. However, building a sustainable brand means respecting intellectual property rights. Not only does this protect you legally, but it also demonstrates integrity to your audience.
Consider these alternatives to potentially infringing content:
Create original audio for your content
Partner with music creators for licensed tracks
Develop a UGC program with clear permission structures
Invest in stock photography subscriptions
Generate your own quotes and insights
The digital landscape is constantly evolving, but copyright fundamentals remain consistent. By understanding these principles, you can build a content strategy that's both engaging and legally sound.
What copyright challenges have you encountered in your content creation journey? How have you navigated these complex waters while keeping your creativity flowing?