Copyright in social media

 

What does copyright protect on social media?

Copyright protects specific expressions of original ideas - not the idea in itself - embodied as artistic, literary or scientific works.

Some of the content that is often copyrighted on social media includes images, videos, music and text.

Copyright protection arises from the creation of the work, i.e. registration is not required, and is granted for a limited period of time - usually for the life of the author plus 70 years.

 

FALSE MYTH I: IF IT IS NOT COMPLEX, IT CANNOT BE PROTECTED   However simple or brief the content may seem, this does not imply that it is not protected. Rather, the important thing is that the content is an expression of an original idea. Thus, works such as haikus or original sketches are protected by copyright.

 

So do I have to ask for permission to use this content on my social media?

As a general rule, yes, but there are a number of cases in which the content can be used without prior authorisation:

• The use falls under one of the exceptions established by law
• The author decides to allow all or part of the uses without asking for permission.

 

Exceptions:

In the European Union, there are lists of types of uses that do not require prior authorisation, such as the use of content for the purposes of parody or criticism.

In the United States, any "fair use" also does not require authorisation. In order to be considered fair use, the requirements are that said utilisation:

• Be suited to the purpose of the use and nature of the work: for example, playing a fragment of a song in order to comment on it is more fit for purpose than simply playing a whole song as ambient sound for a video.
• Does not damage the original work or its author: directly or indirectly, e.g. by "stealing" views from it.
• Be carried out on a not-for-profit basis

 

 

TIP I: BE AWARE OF FAIR USE Even if you are in Spain, it is important to also take into account the fair use criteria, as most platforms such as YouTube, Facebook or Instagram are American and will assess whether or not there is an infringement according to fair use. An example of a successful case relying on fair use when using copyrighted contents is Jaime Altozano’s, whose video-analysis of the musical “Hamilton” could be maintained online thanks to fair use.

 

Author’s approval:

In other cases, it is the authors themselves who allow certain uses of all or part of their content.

• For example, EpicGames allows parts of online video games such as Fornite or Among us to be played unaltered for commentary - gameplays.
• There are authors who choose to share their content for free in repositories and/or through open licences, such as Creative Commons. Some of the most useful repositories are the following:

• https://search.creativecommons.org/
• https://pixabay.com/es/
• https://www.freepik.es/
• https://freemusicarchive.org/
• http://ccmixter.org/

 

 

FALSE MYTH II: IF IT IS FREE I CAN DO ANYTHING I WANT WITH IT   The fact that an author has decided not to ask for money for use does not imply that they have waived their rights. Their conditions may include that their authorship be acknowledged or that the work not be used for commercial purposes, among others. Not respecting these conditions may constitute a copyright infringement. You can learn more about open licensing in our Creative Commons video.

 

 

What are the consequences of infringing copyright-protected content?

In principle, copyright infringement can give rise to financial liability and, in any event, an obligation to remove the infringing content. In practice, it will depend on the extent of the infringement - sharing a couple of frames of a film is not the same as uploading the whole film to a platform - as well as on by whom and how you are held liable.

 

• In some cases, it will actually be the author who contacts you, informing you of the infringement and asking you to remove the content. If there is reason to believe that the person contacting you is the legitimate author, it is preferable to remove the content - or come to an agreement with them - and avoid having the conflict escalate to the platform or a court case.
• Other times, you may be informed of the infringement by the platform, which may block or demonetise the content, and sometimes impose additional penalties - such as strikes. If you consider that the use is not infringing - e.g. it is covered by fair use or an exception - you can appeal within the platform itself and/or try to reach a settlement with the right holder. You can learn more about how to deal with these cases in our video on avoiding copyright problems on YouTube.
• More rarely, it will be the right holder's lawyer who will send you an injunction requesting the removal of the content and a financial compensation. In such cases, it is best to take direct advice from a specialist to try to avoid having to take legal action.

 

 

TIP II: RECOMMENDATIONS FOR AUTHORS   Your creations are also protected by copyright:   Please note that, in those formats in which it is suitable, it is important to acknowledge your authorship with a signature, a watermark or by embedding it in the code of the file. Many infringements are committed out of ignorance. In case you detect one, it is preferable that you politely inform the offender and avoid any verbal confrontation or cross-complaints on the platform, in order to avoid reputation costs. § Before taking legal action, or threatening to do so, seek specialist advice.