Taking on Social Media's New Intellectual Property Challenges

What did Gigi Hadid do for a third time that is getting her sued? And what can you do to prevent being sued for the same reason?

Find out more about intellectual property basics

Trustpilot star rating bar
taking on social medias new intellectually property challenges

Contents

Updated on: January 10, 2024
Read time: 4 min

Post a photo on Instagram that someone else took, and you could be hit with an expensive lawsuit. That's what model Gigi Hadid found out the hard way when, in September 2019, photographer Robert O'Neil slapped Hadid with a copyright infringement claim for a photo he had taken of Hadid's ex-boyfriend, Zayn Malik, which she shared on her Instagram account in 2018.

This is just one example of the confusion about what constitutes intellectual property and who owns the copyright; that is, who owns the right to control where, how, and when works they've created—their intellectual property—are shared. Many social media users are under the mistaken impression that if something is online, it's okay to use and share. And, given that so much of social media content is visual, it's not surprising that lawsuits over photographs are occurring.

What may be surprising is that this isn't the first time Hadid has been sued for unauthorized photo sharing—it's actually the third. The first two times, she posted photos of herself on Instagram and Twitter that she did not have permission to share. The first case was settled, and the second was dropped after it was discovered that the photo agency hadn't filed the appropriate paperwork to assert its ownership.

While it may sound odd that Hadid needed to ask permission of a photographer to post photos of herself, the fact is that creative works, including photos, videos, music, motion pictures, articles, books, and art, are owned by the creator of that work unless they sell or give those rights away.

"The moment you create the work or fix it in tangible form, you own the copyright," explains Abe Cohn, managing partner at Cohn Legal, PLLC. In this case, photographer O'Neil took a photo of Malik and has the right to control who uses it. Hadid apparently didn't ask or pay for permission, so he's suing her.

Taking On Social Media's New Intellectual Property Challenges

Where O'Neil's lawsuit is proceeding—while the second suit, filed by photo agency Xclusive-Lee, is not—hinges on a key step in the copyright protection process. O'Neil presumably registered his copyright claim to the photo he took of Malik, whereas Xclusive-Lee had not done the same for its photo of Hadid, which is why the lawsuit was dropped.

Your copyright exists as soon as the covered work is created. However, copyright laws are unenforceable until a copyright is registered with the U.S. Copyright Office, says Cohn. To determine which of your copyrighted materials should have the protection that registration provides, Cohn recommends asking yourself, "What would I hate to see on someone else's wall" or in someone else's news feed?

So, maybe that cute photo of your dog you took last week for your own enjoyment doesn't need to be officially registered, especially if you don't care if friends and family share it.

But, if you developed a saying with a painted background for your business that perfectly expresses your company's brand message, having other people reuse it could be damaging to your business. That's a copyright—and/or trademark—that should be registered. Then, if you discover that others are reposting your intellectual property, you can take action to stop them.

Protecting your work

If you discover that your registered work is being shared on social media without your permission, the first step is to send a cease and desist notice, says Cohn. Then, depending on the site or user, you also can demand payment.

Whether to ask for compensation typically depends on who shared it and for what purpose. If a student shared a drawing you did, you might simply ask them to take it down. But if a Fortune 500 corporation uses one of your artworks in a Facebook ad campaign and will presumably generate revenue from it, requesting a usage fee may be appropriate. That's for you to decide.

And, if nothing is done following your notice, you can file a copyright infringement claim. Cohn cautions copyright owners to "choose your battles carefully." And also, to understand the fair use provisions, which may allow social media users to share small portions of your work without permission, before going to the time and effort to initiate a lawsuit.

Adequately protecting intellectual property has always been challenging, and it's made even more so in an age of increasing digital and social media sharing. Just because you can copy and paste others' creative expressions doesn't mean that it's legal to do so without their permission.

Find out more about intellectual property basicsStart Now
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.

104 days ago
Trustpilot star rating bar

Jose is the best.

Jose was very friendly and knowledgeable. He was able to answer my questions and provide me information of next steps to secure my trademark.

Cheryl Cooper
107 days ago
Trustpilot star rating bar

The knowledge the agent possessed was…

The knowledge the agent possessed was super beneficial to rectify the situation I was having with my trademark. Very professional!

Craig Schsrfman
123 days ago
Trustpilot star rating bar

Trademark work is great and effecient

Edit from my previous feedback and why i decided to give them 5stars they deserved: LegalZoom's support team was excellent—they addressed my concerns promptly and delivered a great outcome. I truly appreciate their help and want to give a shout-out for an outstanding customer service experience.

Trademark
122 days ago
Trustpilot star rating bar

Thanks for being so helpful in the…

Thanks for being so helpful in the assist of getting my Trademark filed. -Patrick

Patrick Thompson
129 days ago
Trustpilot star rating bar

Kevin was able to help me understand…

Kevin was able to help me understand the process needed for filing a trademark. He was clear in his answers and stayed on the phone to help walk through the onboarding.

Asiyah Lites-Rasheed
147 days ago
Trustpilot star rating bar

Excellent Serviceed them for a trademark application

Used them for a trademark application. Excellent service. Knowledgeable staff. I would absolutely use them again. Probably save thousands by going through them.

Eric Hertz
174 days ago
Trustpilot star rating bar

Estee was super helpful!

Estee helped me navigate the tricky trademark process. Highly recommend her!

Greg
174 days ago
Trustpilot star rating bar

Very good and focused answers

I got a very good and focused answer to my trademark questions. Definitely makes me see LZ as the place to go with my legal questions. A+

Chip Humitz
178 days ago
Trustpilot star rating bar

Help with trademark

Got exactly what I needed to register my trademark

Luci Bromberg
184 days ago
Trustpilot star rating bar

I had a consultation with an attorney…

I had a consultation with an attorney through LegalZoom concerning the trademark process. and she was very patient and professional. She answered my questions and helped with the ones I had difficulty asking. I appreciated that

Isiah Jones ,jr.
203 days ago
Trustpilot star rating bar

Strong support for trademark

The trademard support by Nick Belcastro has been excellent.

John Kirk Boyd
210 days ago
Trustpilot star rating bar

Excellent service

Excellent service! Extremely knowledgeable and helpful in reviewing all the next steps in the process for filing the trademark with LegalZoom.

Brian Mayer
245 days ago
Trustpilot star rating bar

Excellent Staff/Services

"LegalZoom made trademark filing for my company a breeze. Their system was incredibly user-friendly, and I was impressed by the professionalism of the staff. My attorney was not only knowledgeable but also took the time to answer all my questions and clearly explain the entire process. I felt confident every step of the way. I will definitely use their services again!"

Hedda
241 days ago
Trustpilot star rating bar

Register Trademark using LegalZoom

The attorney assign to us did an amazing job by answer all our question in a friendly, timely and professional way. The attorney helps by giving us information to mange our account to register our Trademark.

wiltrey sanders
250 days ago
Trustpilot star rating bar

Excellent experience with Legal Zoom

I have been looking to get my business trademark for a while now and I finally decided to try out Legal Zoom. I had an excellent experience with customer service ready to assist me through the process. The price is much more affordable than going through law offices. I highly recommend to anyone looking to get a trademark.

TheAlphabetshop
252 days ago
Trustpilot star rating bar

Legally create your trademark with LegalZoom in 2025 and The Years to Come

The lawyer that assigned to me was not only professional and friendly, but patience beyond measure. All questions answered and additional information given to me as well for future services. This call gave me the reassurance I wanted and needed to continue using LegalZoom for future endeavors, and referring my community/platform to do the same.

Kali Harris
269 days ago
Trustpilot star rating bar

Trademark Process Made Easy

My LegalZoom Trademark attorney, Asha was extremely professional, friendly and knowledgeable. She answered all my Trademark questions and made this process so easy. I felt like I was in good hands.

Virtually Debbie
276 days ago
Trustpilot star rating bar

Trademark

Right now I use everything Legal Zoom has to offer and I'm so very happy with everything, especially the Trademark process. They were absolutely the best! Highly recommend!!

NicoleK
79 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
80 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
86 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
91 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
135 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
129 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
148 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
175 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
183 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
191 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
346 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
587 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
1225 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
1331 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
1609 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
1769 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
164 days ago
Trustpilot star rating bar

This is my 2nd provisional patent with…

This is my 2nd provisional patent with Legal ZOOM. This time I dealt with Mak Champ he was Great, went out of his way to make it as easy as possible. Thank You

JoeSnook
190 days ago
Trustpilot star rating bar

Great Experience with LegalZoom

My experience in submitting a Provisional Patent Application has gone very smoothly so far. Customer Service and Support was very prompt and answered all my questions very quickly. I highly recommend Legal Zoom.

Viki Mann
248 days ago
Trustpilot star rating bar

Sandra helped me make the additional…

Sandra helped me make the additional orders on my account for the patent information. She helped me on everything I asked for. Thank you for making a difficult process much easier. thnx.

Rodney Kreinbrink
309 days ago
Trustpilot star rating bar

Tiffany was patient,professional and thoughtfully thorough!

Tiffany was patient, professional and thoughtfully thorough in her assisting me through procedures involving my patent processing!!

Valued Customer DT
309 days ago
Trustpilot star rating bar

Professional and Kind

Carrie was extremely helpful in answering my general questions regarding the trademark and provisional patent application process and fees. She was clear and succinct while maintaining a level of kindness and understanding of my needs. She provided the exact information I needed, saving me time and effort in researching via other routes. Thank you!

Teresa
904 days ago
Trustpilot star rating bar

Did a provisional patent application…

Did a provisional patent application (PPA). Streamlined and professional. Very helpful if ever needed. Always a pleasure to work with.

Bill K
952 days ago
Trustpilot star rating bar

Wes is always great to talk to

Wes is always great to talk to. He seems just as excited as we are about the next step in our patent process

Ann
954 days ago
Trustpilot star rating bar

LegalZoom is a great resource for…

LegalZoom is a great resource for anyone needing legal advice and in my case patent applications.

Patrick Walker
968 days ago
Trustpilot star rating bar

Great service

Great service, easy to understand each step in the patent journey. Wes my account manger was great and extremely helpful. I firmly recommend this service to anyone who has an invention they need protecting.

Tony Cooper
Rated4.6out of 5 based on24,646+ reviewson

Showing our favorite reviews