Instagram can be a key tool for entertainment professionals looking to promote new releases or simply build a stronger connection with fans — but it can also be fraught with legal risks. If you display copyrighted work without permission on your Instagram page, you risk removal of your post or even legal action. Likewise, if you fail to respond to somebody else’s use of your copyrighted material, your work could be compromised. Avoiding use of copyrighted material can prove surprisingly difficult, however. An entertainment lawyer in Los Angeles can help you make the most of your Instagram page while minimizing legal headaches. Read on to learn more about intellectual property as it applies to Instagram — and to discover how you can protect your original work in an age of social media sharing.
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Instagram’s Intellectual Property Policy
First, it’s important to understand the basics of Instagram’s policy on intellectual property. The website’s terms of use strictly prohibit any content that violates somebody’s else’s intellectual property rights. This covers both the use of copyrighted and trademarked material. Instagram is notoriously strict in this regard, and, in most cases, will quickly comply with the original creator’s request to remove content that infringes on his or her rights.
Reducing the Risk of Copyright Infringement
In its copyright guide, Instagram recommends only posting content that you have explicitly created on your own as the surest path to preventing copyright issues. If, however, you intend to use somebody else’s content, you’ll want to obtain express permission first — preferably in writing. Instagram cannot help you obtain permission, so you’re on your own for this essential task.
Often, Instagram users post content that they think of as original, only to later discover that their post actually contains copyrighted or trademarked elements. For example, a brief video clip may include background music for which the individual did not obtain permission.
It doesn’t matter whether or not you intend to profit from using the copyrighted material — or whether you offer credit in the caption area. Remember, photos and videos are — and have long been — covered by copyright protection. The social media landscape has simply made it easier to infringe on that protection. That doesn’t make it any more acceptable to use images, videos, or other protected content without permission.
What If My Content Is Removed Due to Intellectual Property Issues?
Those who own original rights to works used on your Instagram page may be able to report your content if they believe it infringes on those rights. Instagram may promptly remove the disputed content without alerting you in advance. You will, however, receive a notification including the copyright holder’s name and contact information. You will also receive the details of the report that led to the content’s removal. This allows you to follow up directly, and hopefully, arrive at a mutually beneficial resolution.
Content removed under Digital Millennium Copyright Act (DMCA) notice and counter-notice procedures could potentially be appealed by filing a DMCA counter-notification. Once this notice is filed, Instagram offers between ten and fourteen days for the copyright holder to respond. If the original creator neglects to take legal action, the content could be re-enabled.
What If My Copyright or Trademark Is Infringed On?
It doesn’t matter if people use your work on Instagram or elsewhere — they should be held accountable. Unfortunately, detecting unauthorized use can be difficult. You’ll typically have to seek it out or be tipped off by somebody else. For this reason, some copyright holders make an active effort to suss out unauthorized posts by searching related hashtags.
Once you realize that your intellectual property has been used without your permission, you may issue a report on Instagram. As mentioned earlier, the platform will quickly remove the content to ensure that your copyright or trademark is adequately protected. The site may share your email address with the offending user, so be prepared for a follow-up email. Likewise, select content may be appealed via DMCA counter-notice procedures.
The reporting process begins with completing a specific form that Instagram provides. Instagram also allows you to get in touch with a designated agent. Your report should include a complete copyright claim, along with a declaration of your belief of the infringed nature of the work — and a declaration that your complaint has been made in good faith.
Given the intricacies of intellectual property law in a social media age, it is critical that you take extra steps to protect your content from infringement. You can avoid copyright challenges by only posting original content on your page — and you can reduce the risk of others infringing on your work by obtaining federal copyright protection and promptly reporting any Instagram users who use your work without permission. Don’t take this matter lightly; Instagram-related copyright issues are just as worthy of your attention as any intellectual property matters. Online or off, your work deserves full respect and protection.