Copyright Issues for Social Media

Social media is becoming a vital part of marketing strategies in businesses bothlarge and small. Connecting with customers is the new expectation.But how this trend affects both the creators of original content and those who choose to repost or retweet something that wasn't their creation—remains to be seen.

Find out more about Copyrights

Trustpilot star rating bar
copyright issues for social media

Contents

Updated on: June 12, 2024
Read time: 4 min

Today, every social media user is a publisher of sorts and many publish without consideration of existing copyright laws. Social media has transformed our means of communication by providing instant information to publish and publicize almost anything. In addition, social media provides marketing opportunities for instant, mass publication of content, including everything from tweets, photos, blogs and links to content. If social media is a part of your business strategy, here are a few things to consider.

Posting original material in the Twitter-verse

An estimated 75 million users are on Twitter worldwide—that's a lot of eyeballs. Businesses are recognizing the opportunity to connect with potential customers. With that much content being generated, it's raising some interesting questions regarding copyright and intellectual property. Ultimately, the question of whether or not various tweets can be protected comes down to the legal answer of “it depends.”

It may be possible for some original tweets to receive copyright protection. The basis for protection lies within the notion that a copyright guards an author's interest in an original work that has been fixed in a tangible medium. Although it is difficult for a single tweet to receive a copyright, it is not impossible. Generally speaking though, the shorter the material submitted, the greater the originality has to be in order to obtain a copyright.

Within that vein, consider “$*!& My Dad Says,” which started as a series of tweets (within a unique Twitter account) a young man wrote quoting lines from his father. The author was able to turn his tweets into a book and eventually a TV series starring William Shatner.

Other barriers that limit copyright protection for tweets include the fact that most tweets are factual statements, and generally facts cannot be copyrighted. There are exceptions to this rule, for instance, facts can be copyrighted in a particular expression such as news stories or textbooks—but with a 140-character limit, this seems unlikely for a specific tweet.

The pitfalls of reposting or repinning

Social media users should not assume that providing credit for a work or perhaps a link to a webpage avoids copyright infringement. This is not true. The holder of a copyright has exclusive rights to publish his or her work. Simply giving credit will not immunize a secondary user from a possible infringement claim.

To complicate matters, when a social media account is created, users agree to the particular terms of use of the website. These terms often include a statement certifying that the poster holds all intellectual property rights to the content that he or she is posting on the site. For example, Pinterest's terms of use include the following provision:

“Your Content. Pinterest allows you to post content, including photos, comments and other materials. Anything that you post or otherwise make available on our Products is referred to as 'User Content.' You retain all rights in, and are solely responsible for, the User Content you post to Pinterest.”

By agreeing to such terms, social media users take on the liability for an infringement claim, which may be brought by an author for content that users post. That's not to say the social media providers are off the hook entirely, but they are learning to protect themselves more and more.

Reportedly, Pinterest attracted more than 10 million visitors in one month, relying heavily on copyrighted material to generate traffic for its site. Although many Pinterest users give credit to the original author, giving credit is not the same thing as having permission. It's a fine line between original artists who crave the increased publicity, and websites that make money by selling works of authorship such as stock images online. Social media users, both in the professional and private realms, need to understand what might be at stake when a photograph or other work of authorship is repinned.

Though this is a developing area of the law, it would appear social media companies may indeed be held accountable for the actions of their users. For example, when a Web-based service encourages copyright infringement, the company opens itself up to claims.

Alternatively, some original authors would rather have their works posted by users of social media as it increases their exposure—and in turn, increases their sales. Many businesses are all too happy to see their products reposted in social media outlets. And some writers may encourage links to their articles, posted in the hopes of being commissioned for other work.

Social media is still in its infancy with its rapid growth largely occurring in the last 10 years. Whether you are frequently posting or reposting on these sites, it's becoming increasingly clear that the power of your click goes beyond something so seemingly simple. Social media users need to be aware that there are consequences, both good and bad, to marketing within this medium. A cogent plan outlining a strategy, and, more important, specific guidelines for use, can be helpful in protecting against unwanted situations.

Find out more about CopyrightsProtect your copyright
Twitter logoFacebook logoLinkedIn logoReddit logo

This article is for informational purposes. This content is not legal advice, it is the expression of the author and has not been evaluated by LegalZoom for accuracy or changes in the law.

53 days ago
Trustpilot star rating bar

Obtaining a Copyright

I had some questions about copyright, and he answered all of them. He was pleasant to talk to very professional. I was very pleased. I've been using legalzoom for many years, and I love you guys. Thank you.

NORINA PURRO
54 days ago
Trustpilot star rating bar

Happy customer

Ms. Green, was very helpful in assisting me step-by-step in guiding through the process in getting my copyright application. She was patient and very polite. She offered to follow-up on my completed, make sure the process was successful.

Ayesha
60 days ago
Trustpilot star rating bar

Superior Customer Service

Superior customer service and expertise from Patti Green. I have a urgent need for an attorney consultation regarding state level copyright law. Ms. Green quickly and seamlessly steered me to the plan which affords this service. The consult was immediately scheduled for the next day. To say the least, this experience was exemplary.

Guy Hampson
65 days ago
Trustpilot star rating bar

Copyright registration

Karen helped me immensely during my copyright registration. Very patient. Carrie was alos very good over there.

rjparadee
109 days ago
Trustpilot star rating bar

So far whenever I have tried to work…

So far whenever I have tried to work with Legal Zoom it has been a great experience. Both Holly and Denise have helped to make my tour of the legal process for a copyright excellent and I now have my copyright in my hands. I might add that I am amazed I got it under the oligarchy at all after doge got done.

Connie Lednum
103 days ago
Trustpilot star rating bar

Great Copyright Registration Experience

Walked me through the process to register my copyright. Made everything quick and easy!

Cheryl C
122 days ago
Trustpilot star rating bar

Your expertise and knowledge of my…

Your expertise and knowledge of my questions regarding my copyright I applied for was nothing less than stellar!

Lorenzo Vito
149 days ago
Trustpilot star rating bar

Time and clarity

Thank you for your time and clarity explaining items from my behalf in regards to Copyright material. I also appreciate the no queue waiting on line when I called. I do recommend you.

Adriant Sanchez
157 days ago
Trustpilot star rating bar

Elizabeth was AMAZING!!!

Elizabeth was AMAZING!!!, She walk me thru the whole copyright process. Thank you

Adewale Agboke Jr
165 days ago
Trustpilot star rating bar

Very responsive and was able to answer…

Very responsive and was able to answer my questions about Copyright options quickly and professionally.

Daniel White
320 days ago
Trustpilot star rating bar

Great customer service

Great customer service! The LegalZoom representative showed genuine care. She followed up on my Copyright Order, and remembered me and my name from the previous Copyright phone call. She was very helpful and represented LegalZoom with excellence. Thank you for hiring, and retaining such a talented energetic representative.

Joshua Earl
561 days ago
Trustpilot star rating bar

Legal Zoom Delivers On Their Promises!

Legal Zoom is professional, accommodating, and gracious. We went to them for copyright help, and true to their promise, we accomplished this endeavor in 30 minutes. EASY!! What a fresh breath of air to find a company that delivers exactly what they say they will! We'll be a Legal Zoomers for life!

Alice Osborne
1199 days ago
Trustpilot star rating bar

Better than "Uncle Sam"

I had to get a copyright done and got nowhere with the U.S. Government Copyright Office, it was a joke! Legal Zoom took care of it and had me "fixed up" in 5 minutes. Thank You, Legal Zoom!

Padu
1305 days ago
Trustpilot star rating bar

Legal Zoom performance is exceptional

Legal Zoom his handled four copyright applications for me and they are exceptional.

C Robert Cales
1583 days ago
Trustpilot star rating bar

Copyright application

I am a new author and am filing copyright for my manuscript. My experience with LegalZoom has been very successful and a pleasure. The associate was knowledgeable and a pleasure to work with. I would recommend this service.

DJS
1743 days ago
Trustpilot star rating bar

LegalZoom's Guidance is the best

I'm applying for a copyright for the first time and I was very nervous. My status page told me there was a problem and I should call LegalZoom. Kirk explained it was just a simple confirmation that was needed and he took the time to explain why its needed and talked me through what happens next. LegalZoom is just the best thing for a first time business owner like myslef.

rjlog
Rated4.6out of 5 based on23,798+ reviewson

Showing our favorite reviews