A Few Ways You Might Be Infringing On Terms & Conditions

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?