Copyright Online and Fair Use in Social Media

Christie Fleck Privette
May 9
6 min read

In a world dominated by visuals, what should you, as a business owner, know about copyright laws? Whether you’re sharing images on social media or using visuals in your marketing materials, it's essential to know how to protect your business and respect the rights of content creators. Here’s a guide from Two17 Marketing to help you navigate the basics of copyright in the digital age.

💡 This post focuses on copyright laws as they pertain to Canada and the United States.

The Power of Visuals on Social Media

Visuals are huge in the social media world, particularly for businesses. Consider these compelling statistics:

On average, content with relevant images has 94% more total views than content without (Jeff Bullas)
Compared to other types of content, visual content is 40x more likely to be shared on social media (Ethos3)
Facebook posts with images can receive 2.3x more engagement than text posts (BuzzSumo)

These statistics show using images in your social media communications is critical to success, and social media is the driving force behind the staggering number of photos shared online—estimated to exceed 1.94 trillion online this year alone!

Understanding Social Media Copyright Risks

As online culture evolves, copyright laws are continually adapting to new digital trends. This is especially true for social media, where the boundaries of copyright and fair use are still being defined. Familiarizing yourself with copyright principles and specific platform guidelines can help protect your business from potential legal issues.

What Is Copyright?

Simply put, copyright is the exclusive legal right to reproduce, publish, sell, or distribute a creative work—whether it be literary, musical, or artistic. According to the U.S. Copyright Act (Title 17, U.S. Code) and the Canadian Copyright Act (R.S.C., 1985, c. C-42), copyright law aims to balance the rights of creators with public interest.

Reproducing the copyrighted work
Creating derivative works based on the original
Distributing copies to the public by sale, transfer of ownership, rental, lease, or lending
Performing and/or displaying the work publicly
Authorizing others to exercise these rights

These rights empower creators to control how their work is used, making it crucial to respect them in your business practices.

Copyright vs. Trademark: What's the Difference?

Copyright and trademark are two distinct forms of intellectual property protection. Copyright protects original works of authorship, such as literature, music, and visual art, giving the creator exclusive rights to reproduce, distribute, and display the work. Trademark, on the other hand, protects brand identifiers like logos, slogans, and brand names. It ensures that these elements distinguish goods or services in the marketplace and prevents others from using similar marks that could cause confusion. While copyright safeguards creative content, trademarks protect the identity and reputation of a brand.

Copyright Infringement and Fair Use

Copyright infringement is determined on a case-by-case basis, making it challenging to identify clear-cut examples, especially in social media.

Courts consider several factors when determining if a use falls under fair use, including:

Purpose and character of the use (e.g., commercial vs. educational)
Nature of the copyrighted work (e.g., factual vs. creative)
Amount and substantiality of the portion used (e.g., using a small excerpt vs. a significant part)
Effect of the use on the market value of the original work

For instance, using a brief clip from a copyrighted film in a movie review or parody might be considered fair use if it provides new commentary or insight. However, reposting an entire copyrighted song on social media without permission, even for non-commercial purposes, is typically deemed copyright infringement.

Creative Commons and Free Use

On the other end of the spectrum, "Creative Commons" works are available under specific licenses that allow free use. When an author releases their work under Creative Commons, they give up certain rights, making it possible for others to copy, modify, distribute, and perform the work—even for commercial purposes—without needing permission. However, it’s essential to respect the specific license terms, such as attribution requirements.

Different types of Creative Commons licenses allow varying degrees of use:

CC BY: Allows others to use and adapt the work, even commercially, as long as they credit the original creator.
CC BY-NC: Allows use and adaptation for non-commercial purposes only.
CC BY-SA: Similar to CC BY but requires adaptations to be shared under the same terms.

Safe Sources for Royalty-Free Images and Videos

To avoid copyright issues altogether, it’s wise to use royalty-free images and videos that are licensed for commercial use. Here are some reliable sources:

Unsplash: Offers a vast collection of high-quality, royalty-free images.
Pexels: Provides free stock photos and videos that can be used commercially.
Pixabay: Another great resource for finding free images and videos that are safe to use.
Canva: Not only a design tool but also a source for royalty-free media.

When using these sources, always double-check the licensing agreements to ensure that the content is truly free to use for your specific needs.

The Complex World of Memes and Copyright

Memes present a unique challenge in the realm of copyright. While text-based memes like catchphrases and hashtags generally don't pose significant copyright risks, visual memes, especially those featuring popular characters or scenes from movies, can be problematic.

Pop Culture Memes

While it’s unlikely that you’ll face legal action for using a meme like “Damn, Daniel” in a social media post, memes that feature copyrighted characters (like Futurama’s Fry or Boromir from "Lord of the Rings") could potentially lead to legal issues. These characters belong to specific brands or companies, and unauthorized use could be considered copyright infringement. Some companies have even pursued legal action to protect their intellectual property rights in such cases.

Memes in Social Advertising

Using memes in social media advertising is the riskiest area when it comes to copyright. While sharing a meme casually may be harmless, using it for commercial purposes—such as in an advertisement—can land you in hot water. Advertising is not protected by fair use, meaning any direct promotion of your brand using copyrighted memes can lead to legal consequences.

Disclaimer: Given the complex and rapidly changing nature of meme law, consider seeking legal advice for specific meme-related concerns.

General Rules for Copyright Online

Given the ambiguity surrounding fair use and copyright on social media, a good rule of thumb is to assume that all images and videos found online are protected by copyright unless explicitly stated otherwise by the owner. Ultimately, it is up to the content creator to enforce their copyright if their work is used without permission.

The next time you decide to use any content that isn’t yours, ask yourself:

Do I have permission to use this image?
Does my usage fall under “fair use”?
Is using this content worth the potential legal consequences?

As social media trends continue to evolve, so too will copyright laws and content-sharing practices. For now, remember—a picture may be worth a thousand words, but it may cost you a lot more if used without permission.

Copyright Registration: Protecting Your Creative Work

While understanding how to avoid infringing on others’ copyrights is important, it’s also worth considering protecting your own work. Copyright registration, although not mandatory, offers several benefits, including public record of ownership and the ability to file a lawsuit for infringement. In the United States and Canada, registering your copyright can also allow for statutory damages and attorney’s fees in cases of infringement. Registration is not required to own a copyright but offers additional protections and can be a valuable step in safeguarding your creative work.

Navigating Copyright with Confidence

Skip the jargon and let our team of professionals elevate your brand!

Navigating copyright law can be complex, but you don’t have to do it alone. It’s important to stay informed and consider consulting with professionals to ensure your content is both engaging and legally compliant.

Learn more about Two17's services HERE.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Copyright laws can be complex and vary by jurisdiction. Please consult a qualified legal professional for specific legal concerns or advice tailored to your situation.

Additional Resources:

For more detailed information about copyright laws, you may want to visit these official resources: