Social media is an excellent way of spreading awareness about the existence of your work. However, just like in the real world, the internet and social media world also presents the threat of theft. Even if you create something like a meme, poem, and song or post a photograph you took recently onto your social media profile, you own the copyright to it.
That’s right! There’s no exception to social media regarding copyright law and protection. Therefore, platforms like Facebook and Instagram contain millions of works of art by different people who express their creativity in a safe, regulated environment. Both platforms also have strict rules regarding the infringement and removal of copyrighted material.
Online Copyright Infringement
Theft of intellectual property is a serious issue, and it’s necessary to take precautions to protect your work. For example, copyright infringement online is a crime punishable in court by law. Therefore, if you post your work on social media intending to expose it to the public, then you own its copyright.
However, it isn’t enough to claim your work as your own and expect people not to steal it. You need to protect your creative work with a copyright registration through the U.S. Copyright Office. The process of registering a copyright is relatively simple, and it’s best to do it as soon as possible after your work is created.
Nonetheless, there are a few breathing spaces in what is called ‘fair use’ or ‘fair dealing’ where using someone’s work does not get you flagged for infringement.
The Fair Use Doctrine
As we mentioned above, you own a copyright to something as soon as you’ve created it. Ideally, no one else can use your work as their own without your permission; however, there are some exceptions to this rule. The U.S. law states the following exceptions that allow other users to use your work without asking your permission for it. This is called the fair use doctrine.
We define these exceptions in four main factors that determine whether a use case falls under copyright infringement or the fair use doctrine:
- When your work is used for a primarily educational purpose rather than a commercial. This implies that if someone doesn’t monetize your work without your permission, social media platforms like Facebook and Instagram will not flag it as an infringement.
- The second exception is based on the nature of the copyrighted work. So, for example, if you have written a book and someone takes a quote and posts it online for educational purposes or to define their opinion, it will not be considered an infringement.
- The third exception is given when someone takes a shorter or abridged version of your original work and uses it for themselves. Whether it’s an edited video or to present as an argument. Even a 10-second part of a movie that holds a copyright is perfectly fine because the 10-second video is a small percentage of the entire length of the movie. On the other hand, posting a 5-second video the same as the length of the original work would be considered an infringement.
- Lastly, when the re-usage of the work affects the market or value of the work in any way. For example, if you have created a short-animated series, someone re-using that series should not affect the revenue you plan on generating from that series.
What is Fair Dealing?
When it comes to using copyrighted material for personal or commercial reasons, the law provides a safeguard called ‘fair dealing.’ This allows people to use a limited amount of copyrighted work without infringing on the copyright owner’s rights.
Generally, using a copyrighted work for criticism, news reporting, research, private study, or review is considered fair. In addition, parody and satire are also seen as fair dealings under copyright law. However, it is important to understand the implications of fair dealing across different countries when using someone else’s work.
Following the Terms of Use
All platforms have their terms of use defined which help regulate the content. However, some platforms like YouTube and Twitter have special clauses that give them the right to use your work. In addition, most platforms also allow other users to share your work within the platform. Therefore, it is important to understand the terms of use set forth by the platform and comply with them as being a user.
If you contribute something unique over social media, giving a good read to the platform’s terms of use will help ensure you are safe from infringement. Plus, it will make you aware of how the platform and its users would handle your content.
With all the complex and evolving laws in the copyright and social media space, it’s essential to stay cautious and updated. Therefore, it is always recommended to protect your creative work by registering your copyright.
Trademark Republic's copyright registration service provides you with the peace of mind that your work is protected under the law. Our experienced team has helped many businesses, artists, and individuals protect their work.
