Instagram can be a huge growth channel for New Zealand businesses. It’s where you build brand trust, run ads, collaborate with creators, and show off your products in a way your website can’t always capture.
But once you start posting seriously, one question comes up fast: who actually owns the rights to your Instagram content - you, Instagram, the photographer, the musician, or someone else?
This guide is updated for current digital marketing realities, including the way businesses now rely on short-form video, reposting, influencer content, and user-generated content. The legal principles are familiar (copyright law hasn’t been reinvented), but the risks have changed because content moves faster than ever.
Let’s break it down in plain English, so you can grow your Instagram confidently while keeping your business legally protected from day one.
What Copyright Applies To On Instagram?
Copyright is the main legal right that protects creative works. On Instagram, copyright can apply to much more than you might expect.
Common Instagram content that can be protected by copyright includes:
- Photos (product shots, lifestyle imagery, flat lays, behind-the-scenes images)
- Videos (Reels, Stories, ads, tutorials, interviews, event footage)
- Graphics and illustrations (logos in designs, icons, posters, templates, carousels)
- Written content (captions, longer copy, blog-style posts inside carousels)
- Music (when used outside Instagram’s permitted music tools or without the right licence)
- Mixed media (e.g. video with audio, text overlays, transitions, animations)
In New Zealand, copyright generally arises automatically when an original work is created and recorded in some material form (like a photo file, video file, or written text). You don’t need to register copyright for it to exist.
The big practical point for business owners is this: copyright usually belongs to the creator, unless there’s a written agreement that says otherwise, or a specific legal rule applies (like certain employment situations).
Do You Own The Copyright In What You Post?
Sometimes yes, sometimes no - and it depends on who created the content and under what arrangement.
If You Took The Photo Or Shot The Video
If you personally create the content (you took the photo on your phone, you filmed the Reel, you wrote the caption), you’ll usually own the copyright.
That doesn’t mean you can use anything inside it without permission, though. For example, if your Reel includes someone else’s music, or someone else’s artwork in the background, you might still be using third-party copyrighted material.
If An Employee Created It
If you have an employee and creating content is part of their job, the default position is often that the employer owns the copyright in work created “in the course of employment”. That said, the details matter.
To avoid disputes later (especially if the employee leaves and your content library is a major business asset), it’s smart to make IP ownership crystal clear in your Employment Contract and your internal policies.
This is where many businesses get caught out.
If you hire a contractor (not an employee), they will usually own the copyright in what they create, unless your contract says you own it or it’s assigned to you.
That means you might pay for a shoot and still only have a limited right to use the photos (for example, for 3 months, or only on Instagram, or only for organic posts and not paid ads).
If you’re relying on content for ongoing marketing, you’ll want the agreement to cover:
- who owns the raw files and edited deliverables
- where you can use the content (Instagram, TikTok, website, EDMs, print)
- whether you can use it in paid advertising
- whether you can edit, crop, add text overlays, or remix the content
- whether the creator can use it in their own portfolio
If you’re not sure whether your relationship is “contractor” or “employee” (it’s not always obvious), getting this right early can save a lot of stress later. This is also why it helps to use properly tailored agreements rather than relying on a one-page email thread.
Does Instagram Own Your Photos And Reels?
No - Instagram generally doesn’t “take ownership” of your copyright just because you upload content.
But (and it’s a big but) when you post content, you typically grant Instagram a licence to use it. This is how platforms are able to host, display, distribute, and technically process your content (including showing it to other users, making it available in different formats, and using it in connection with their services).
The key takeaway is:
- You usually keep ownership of your content.
- Instagram gets broad permission (a licence) to use it as part of running the platform.
For most businesses, the bigger risk isn’t Instagram “stealing” your content - it’s other users (or competitors) reposting it, and you not having a clear plan for what you can do about it.
If your Instagram presence is a major business asset, it’s worth thinking about brand protection more holistically too - including your name, handle, and logo as trade marks. If you’re in that stage, a trade mark strategy can be part of your broader IP approach, alongside contracts and platform practices.
Reposting, Sharing And User-Generated Content: What’s Actually Allowed?
Instagram makes it easy to share and repost. Legally, that doesn’t automatically mean you have permission to reuse content for your business.
Is It OK To Repost Someone Else’s Photo If You Credit Them?
Giving credit is good practice, but credit doesn’t equal permission.
If you repost someone’s content to your feed (or use it in ads), you can still infringe copyright even if you tag them and write “credit: @username”. The safest approach is to get clear consent in writing (even a simple DM exchange can help, as long as it’s unambiguous).
What About “Share To Story” Or Using Built-In Repost Features?
Using Instagram’s in-app sharing features (like sharing a post to your Story) is generally lower risk, because it’s a platform-native feature that usually displays the original content with attribution and links back to the creator.
However, if you’re a business and you’re using other people’s content as part of a marketing strategy, it’s still wise to:
- check the creator is comfortable with it
- avoid implying endorsement unless there’s an actual collaboration
- be careful if you’re promoting regulated products or making performance claims
If your posts cross into advertising, you also need to consider your obligations under the Fair Trading Act 1986 (for misleading or deceptive conduct) and general consumer law expectations around truthful marketing.
User-generated content (UGC) is gold for social proof - but it can still be legally tricky if you don’t get permission.
Even if your customer tagged you, that doesn’t automatically grant you the right to reuse their image in:
- your Instagram feed
- your website homepage
- paid ads
- email marketing campaigns
A practical approach many businesses use is:
- Ask for written permission (DM or email) before reusing UGC
- Keep a record of the permission (screenshots, saved messages)
- Make sure your permission covers the intended use (especially paid ads)
If you’re collecting and reusing customer content at scale (especially if it includes identifiable people), it’s also smart to think about privacy and consent processes, including having a clear Privacy Policy if you collect personal information through your website or campaigns linked to Instagram.
Music, Memes And “Trending Audio”: Where Businesses Get Caught Out
Reels have made music and audio central to Instagram marketing - and this is one of the most common areas where copyright confusion happens.
Can Your Business Use Any Song On Instagram Reels?
Not always.
Instagram offers music libraries and “original audio” features, but the rights available can depend on things like:
- whether your account is set up as a business account or creator account
- what region you’re in
- what licences Instagram has in place for specific tracks
- whether you’re using the content for commercial purposes (especially ads)
A common practical issue is that a Reel might be fine organically, but not permitted for paid ads, or it may get muted, removed, or flagged later.
If audio is critical to your brand (for example, fitness studios, events, hospitality venues, or creators doing paid campaigns), it can be worth building a workflow around:
- using audio you created
- using licensed tracks from reputable libraries
- ensuring your influencer agreements cover who is responsible for music licensing
Are Memes And “Found On The Internet” Images Free To Use?
Usually not.
Memes often use copyrighted images, screenshots, or film stills. The fact that an image is widely shared doesn’t make it public domain, and “everyone does it” isn’t a legal defence.
In practice, many businesses weigh the marketing value against the risk. But if you’re building a brand for the long term, a safer strategy is to create your own meme templates, use properly licensed stock imagery, or commission original designs with clear IP ownership terms.
Also keep in mind that copyright is only one layer - using someone’s face or brand in a meme can also raise issues around misleading endorsements or reputational risk.
How Do You Protect Your Instagram Content And Your Brand?
You can’t fully stop people from screenshotting or copying your content, but you can reduce your risk and make enforcement easier if something goes wrong.
1. Put Clear Agreements In Place (Especially With Creators)
If you work with influencers, photographers, videographers, or agencies, your agreement should clearly cover:
- IP ownership (assignment vs licence)
- permitted platforms and formats
- paid usage rights (whitelisting, boosting, Spark Ads style permissions where relevant)
- how long you can use the content
- moral rights and crediting expectations
- what happens if you want to reuse content after the campaign ends
This is one of those areas where templates can leave big gaps. A tailored contract is usually far cheaper than fixing a dispute after a campaign has already gone live.
2. Use Practical Brand Controls
Some simple operational steps can make a big difference:
- Keep original files (RAW photos, project files, exports) organised and backed up
- Document who created each piece of content and under what agreement
- Maintain a “content permissions” folder for UGC approvals
- Use consistent watermarks or branding where it suits your aesthetic
If your Instagram account is central to sales, it’s also worth having solid website legal documents in place so the customer journey is protected end-to-end - for example Website Terms And Conditions for your online store and clear rules around promotions.
3. Consider Trade Marks And Other IP Protection
Copyright protects creative expression (like a specific photo or design). Trade marks protect brand identifiers (like your business name, logo, and sometimes taglines).
If you’re investing heavily in Instagram branding - your handle, your logo, your content style - trade mark protection can make it easier to stop copycats using confusingly similar names or branding off-platform.
Even if you don’t register a trade mark, it helps to have a deliberate plan around what brand elements you use consistently and where.
4. Have The Right Privacy Settings And Policies When You Collect Data
Many Instagram strategies involve collecting personal information, such as:
- running giveaways where people submit names/emails
- lead magnets through link-in-bio forms
- DM automation that collects customer details
- booking links for services
If you’re doing any of the above, make sure your data handling aligns with the Privacy Act 2020, and that you’re transparent about what you collect, why you collect it, and how people can access or correct their information.
That’s where having clear privacy documentation matters, including a Privacy Collection Notice for specific campaigns or forms.
5. Know What To Do If Someone Copies Your Content
If you find another account reposting your content (or using your images on their website), your options might include:
- sending a written request to remove it (often the quickest solution)
- using Instagram’s in-platform reporting tools
- sending a more formal cease and desist letter if the situation escalates
- reviewing whether the conduct also involves trade mark infringement or misleading conduct
It can be tempting to jump straight into a public call-out, but it’s usually better to keep it professional and evidence-based. Taking screenshots, saving URLs, and documenting dates is a good first step.
And if you’re ever unsure about whether you actually own the rights to enforce (for example, because a contractor created the content), that’s a sign you should get advice before you send demands.
Key Takeaways
- Copyright usually belongs to the creator, so whether you “own” Instagram content depends on who made it and under what agreement.
- Instagram generally doesn’t take ownership of your content, but you give the platform a licence to host and display it.
- Crediting the original poster doesn’t automatically give you permission to repost photos, videos, or graphics for business marketing.
- User-generated content is not automatically free to reuse - get clear consent (especially for ads, websites, and email marketing) and keep records.
- Music and trending audio can be risky for business accounts, particularly when content is boosted or used in paid advertising.
- The best protection is proactive: use clear creator agreements, keep records of permissions, and make sure your privacy and website terms match your marketing strategy.
If you’d like help protecting your brand, content, and campaigns (including influencer collaborations, content ownership clauses, or privacy compliance), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
