How to Protect Your Own Content on Social Media
The number one question we get asked is: “How do I protect what I post online?” What happens to that gorgeous new Instagram photo after you’ve shared it? Who “owns” your social media posts? What about when another account copies your work? What rights do you have? What are the repercussions?
Maybe you haven’t thought about it at all, and that’s okay too! But it is something that should be on your radar.
In common law, there is a general rule that everything you create (meaning everything that comes from your brain) is owned by YOU! You are the original creator of the work and you therefore have the copyrights to it.
WHAT DOES IT MEAN TO GRANT A LICENSE TO USE?
As soon as you click ‘share’ to upload your latest photo, you are granting the platform a license to use the content. You agreed to do this when you signed up for the app and accepted their policies. By posting and using the platform, you are granting a royalty-free license allowing the site to use the content you post. Essentially this means that the platform has the rights to reshare and display the photos however they please, and they do not owe you any form of compensation for the use. Unfortunately there is really no way to get around this.
This ‘license to use’ extends to other platform users’ ability to repost and share your content on their own feed as well.
Have you ever shared another creator’s content on your Instagram Story? The answer is most likely yes, and in this case you are reaping the benefit of this license to use that Instagram has extended to you.
This extension of rights has become a great tool to expand creator growth and share media. But, what if someone is downright copying your grid and content?
PLATFORM COPYRIGHT RULES
Platforms such as Instagram, Facebook, and Twitter allow for copyrighted material to be posted and shared on their platforms. It then becomes the responsibility of the content owner to report for copyright infringement. Most of these platforms have some form of a copyright infringement complaint mechanism that allows you, the creator, to put forward a complaint of content misuse or infringement for the content to be taken down. Claims are easy to submit and should render a quick result.
Under the Canadian Copyright Act, other creators are permitted to use the content posted by you to create new works as long as their use is non-commercial and does not affect the current or future market of your work. Additionally the user has to have reasonable belief that your work is not an infringement or use of another copyright, and the user must cite you as the source where it is reasonable.
COPYRIGHT CONCERNS
If you still have some concerns about protecting your copyright, it is widely suggested that you watermark your photos or explicitly state in the photos description your copyright using the © symbol, and the lack of license you are giving to others to use or recreate your content. Having a watermark will prevent any infringer from saying they were not aware of the copyright that exists and ultimately serves as an added layer of protection for your content.
If you’re interested in more legal protection, you can file a copyright to protect your work, however, this is a more lengthy and costly process. Considering that you are the original owner of the content you are posting, you do not have to register any copyrights to the photos. Therefore, filing a copyright to protect your work may be unnecessary and excessive.
WHO OWNS THE PHOTOS OF YOURSELF TAKEN BY A PHOTOGRAPHER?
What happens if you’re using photos of yourself that were taken by a photographer? Who’s the owner of the posted photo and then what happens if someone is stealing your content? Copyright law protects the original owner of the work, meaning that if you are posting photos taken by a photographer, they are the original owner. Take a look at our blog on the intellectual property of photos here for more information about original ownership. The original owner can put watermarks on their photos for added protection, and submit claims with any platform in which they are experiencing infringement. It’s always a good idea to credit the photographer in your Facebook and Instagram captions to avoid any confusion!
In the digital world we live in today, it’s certainly hard to protect your intellectual property online. By keeping an eye out for copyright infringement of your photos and reporting them to the respective mechanism, this is your best shot at protecting your content.
Author Credits
Paige Bonner is a final year law student in the UK and a 2021 EFV Legal intern. She is specializing her studies towards intellectual property and trademark protection, and can always be found attending global trademark conferences. Connect with her on LinkedIn.
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