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As a business, avoiding Instagram can be challenging — after all, it might even be a core part of your operations. Whether Instagram is central to your business strategy or just one of many platforms you use, there’s no denying its power to get your business noticed and attract clients.
But simply creating an account and posting regularly isn’t enough. Copyright is a key legal consideration when using Instagram. Just because you’re online doesn’t mean the law doesn’t apply. In fact, copyright issues are some of the most significant legal concerns businesses face on social media.
Understanding how copyright works and knowing how to navigate it is essential to avoid legal risks and protect your business.
The Copyright Concept On Instagram
You might be wondering: how exactly does copyright work on Instagram? Typically, copyright is associated with traditional forms of media, like books and movies. However, it also extends to social media. Whether it’s an adorable photo of your pet or a song you’ve added to a Reel, copyright considerations are involved in almost everything you do on social media.
Who Owns The Content You Post On Instagram?
Technically, you retain the copyright for any original content you post on Instagram—this means you are the legal owner of that content. However, if the content you’re posting isn’t original or wasn’t created by you, you cannot claim ownership of its copyright.
It’s also important to note that under Instagram’s Terms of Service, when you post content to their platform, you grant Instagram a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, and display your content. While this doesn’t transfer your copyright to Instagram, it does give them extensive rights to use your content within their platform and for related purposes.
In some cases, copyright ownership can be transferred, such as through contracts or specific agreements. If you’re collaborating with others or using Instagram for business purposes, it’s essential to clarify who owns the rights to the content being shared.
Understanding Fair Dealing On Instagram
In New Zealand, fair dealing allows for limited use of copyrighted material without permission under Under New Zealand’s Copyright Act 1994, the fair dealing exception allows limited use of copyrighted material without permission for specific purposes. This is different from fair use, which applies in some other jurisdictions like the United States. In New Zealand, fair dealing applies to the following purposes:
- Criticism or review
- News reporting (provided the source is acknowledged)
- Parody or satire
However, fair dealing is not an automatic right. The use must meet legal criteria, including:
The amount used must be reasonable and necessary for the purpose.
- The amount used must be reasonable and necessary for the purpose.
- The use must not unreasonably harm the commercial value of the original work.
- The user should, where relevant, acknowledge the author.
How To Protect Your Content On Instagram
To safeguard your own content on Instagram, consider these steps:
- Watermark your images and videos to prevent unauthorised use.
- Include copyright notices in your posts to reinforce ownership.
- Use Instagram’s Rights Manager to monitor how your content is being used.
- Regularly search for unauthorised use of your content and take action where necessary.
How To Legally Use Other People’s Content
If you wish to use someone else’s content, follow these best practices:
- Ask for permission and get written consent.
- Give proper credit by tagging the creator or linking to the original post.
- Use stock content from reputable sources to avoid copyright issues.
The Risks Of Ignoring Instagram Copyright
Failure to comply with copyright laws on Instagram can result in:
- Content removal due to copyright complaints.
- Account restrictions or suspension.
- Legal action from copyright holders.
Why Legal Advice Matters For Copyright On Instagram
Legal advice for Instagram can help your business protect its online presence and ensure it operates in a legally compliant manner. Understanding copyright laws on Instagram is crucial—not only for protecting your own content but also for avoiding copyright infringement.
New Zealand’s Copyright Act 1994 provides legal protections and frameworks for resolving copyright disputes. If your content is removed unfairly or you need guidance on using copyrighted material legally, consulting a legal professional is recommended.
Keep Your Instagram Feed Compliant With Sprintlaw
Navigating copyright laws while building an engaging and ethical online presence can be challenging. Sprintlaw’s legal experts are here to guide you, helping you protect your content, avoid copyright pitfalls, and ensure your business operates legally online.
Key Takeaways
- Copyright applies to all Instagram users, regardless of follower count, and covers content such as photos, videos, music, text, and graphics.
- Posting original content gives you copyright ownership, but Instagram’s Terms of Service grant them a broad licence to use your content on their platform.
- Using someone else’s content requires permission, credit, or proper licensing; fair dealing exceptions apply in limited cases such as criticism, review, news reporting, or parody.
- Violating copyright can lead to serious consequences, including content removal, account restrictions, fines, lawsuits, and reputational damage.
- Protect your content by watermarking images, using copyright notices, keeping records, and monitoring infringement with Instagram’s Rights Manager.
- If your content is wrongfully removed, you can dispute a copyright claim through Instagram’s counter-notification process, but legal advice may be necessary.
- Sprintlaw can help your business stay compliant, protect your intellectual property, and navigate copyright issues effectively.
If you would like a consultation on Instagram copyright rules, you can reach us at 0800 002 184 or [email protected] for a free, no-obligations chat.
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