Have you ever seen something on social media and got a feeling of deja vu because you saw the exact same thing posted by someone else? Trippy, I know … But is it okay? Are we allowed to post someone else’s stuff? I mean, intellectual property gets a little confusing in the world of social media.
Sometimes it can feel like the rules of life change the moment you log into social media. That is when you enter a space where people can hide behind funky @handles that you created when you were 15.
Yes, the rules of life might be a little different, but the rules of law — intellectual property law that is — are shockingly similar to the real world.
What does that mean for social media posts and shares?
Alrika Möller from media update is giving a law-school-level crash course in intellectual property and social media.
What is intellectual property?
Intellectual property (IP) refers to anything you create with your mind. I am sorry to say your manifestations don't make the cut, but any inventions, artworks, pieces of writing and everything else you dream up do qualify.
What is IP on social media?
Anything you post counts as your intellectual property. After all, you are the one who decided to post that tweet or make that video. You thought of it, so it is yours.
IP is based on the idea that the person who owns something has the right to use it and say who else gets to use it.
Back in February, a lot of music was removed from TikTok, as the record companies and the social media platform had to update their licensing agreements. This meant that a lot of people used illegally downloaded clips from the artists in their videos.
That was a massive infringement of intellectual property because they did not own the rights to the music. The artists and record labels decide who is allowed to use the music.
So, how do we go about avoiding a similarly awkward and illegal situation?
What are the types of intellectual property?
There are three main types of intellectual property:
Copyright
This type of IP refers to creative works. Artwork, writing, music — you name it — it all falls under copyright and it is the intellectual property of the person who created or wrote the piece of creative work.
Trademark
Generally speaking, trademarks are something you register for. When you have a brand name, logo or catchphrase that you want to protect so that your brand and your brand alone can use it, then you register the trademark.
Patents
When you invent or design something that you want to get full credit for, you can file for a patent. You will have to prove that you are the one who thought of it, but once the patent is awarded, the design or invention is your intellectual property.
How can you protect your content from IP infringement?
Educate yourself
Knowing the rules and laws of intellectual property will allow you to keep your eyes open for anyone breaking those rules. Being aware of the laws is especially important for brands that are using their content for marketing and branding purposes.
Register
Don't be afraid to register your trademarks or patents, especially if you wish to prevent other people and / or brands from using your intellectual property. It goes without saying, but people will push the limits and try to get away with it until they see the little c or t next to your property.
Social media monitoring
Social media monitoring provides you with the ability to use brand tracking and competitor benchmarking. This will let you know when another brand or business is using your content for themselves. It is obviously your choice on how to handle the situation.
Platform tools
Most social media apps have their own rules for protecting intellectual property. Familiarise yourself with those rules, as well as the apps' specific ways of reporting any rulebreakers. That way, you can keep people accountable and have the posts or content removed.
My top tips for avoiding IP infringement:
Instagram reposting
Just because third-party apps allow you to repost something on Instagram doesn't mean that it is legal to do so. It is definitely not! Instagram only offers the ability to repost to your Instagram story for a reason.
TikTok videos
It is possible to download, repost, stitch or duet a TikTok video, but the poster has the option of turning those functions off. If someone did in fact turn it off, that means the post is protected under intellectual property laws and they don't want you to use their content.
Screen recording the video to use for your own content is actually an infringement of intellectual property and is against the law. Please don't break the law!
Giving credit
We often think tagging the original poster in the caption makes it all good and legal. That is not exactly the case.
Ask for permission before using someone else's content. Once they say yes, you can post it to your heart's content. Just remember to still tag them. They permitted you to use it, not to take credit for it.
It all sounds scary and intimidating, but it comes down to the fact that what is mine is mine and what is yours is yours.
There are so many terms and conditions on social media. Are there any social media rules you don't understand or want to know more about? Let us know in the comment section below.
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*Image courtesy of Canva