Is Your TikTok Video Violating Copyright Laws?

Is Your TikTok Video Violating Copyright Laws?

If you don’t live under the rock (or do not know anyone who is a teenager or teens), TikTok is a very popular social media platform. TikTok started out as it was the Chinese social media application Musical.ly and let users post video clips of them lip-syncing to tunes. Musical.ly was merged with TikTok in the year 2018 and became the Internet phenomenon that it has become currently.

Some of the most well-loved TikTok content is choreographed dance videos, adorable animals, and challenge videos that go viral. Did you miss the TikTok “Tide pod challenge” in the year the year 2018?

TikTok is a fun and effective tool for marketing your business. The app has more than 3 billion people who have downloaded the app and TikTok boasts more than one billion users. TikTok users. Advertisers can pay influencers, and they use the algorithms of TikTok to tailor the right content to their audience.

But, there are concerns with respect to intellectual property and copyright infractions, specifically when TikTok is utilized to sell products. A court recently ruled the energy drink manufacturer Bang Energy posted social media ads that violated copyrighted music that was owned by Sony Music Entertainment.

What is Intellectual Property?

Intellectual property encompasses the creation of any original work such as design, invention, or design. Intellectual property laws protect the unique creations of these creators by granting trademarks, copyrights, patents and trade secrets.

In this case, Coca-Cola is a recognizable brand , and many rivals want to emulate. The Coca-Cola trade secret is encapsulated in the recipe and trademark covers the white and red script “Coca-Cola” symbol. The unique shape of their glass bottles includes design patents. Coca-Cola holds copyrights for the commercials and ads they use.

The law of copyright covers work of authorship which can be described as “tangible types for expression.” When someone writes something original, such as screenplay, song or book, then they hold the copyright of the original piece. But, they must submit an application for registration with the U.S. Copyright Office to register a copyright for the work in order in order to establish that they’re the creator. The registration of copyright allows the creator to protect their copyright against those who violate the work.

Copyright infringement is when somebody is trying to utilize the work without the permission of the owner of the copyright. For instance, in the Sony Music case v. Bang Energy case in which the court decided Bang Energy had used music that was owned by Sony. Bang Energy used music that belongs to Sony without permission.

What is the Fair-Use Exclusion?

The defense against copyright infringement can be found in the “fair usage” principle. According to the law of copyright the law allows non-licensed copyrighted material in certain situations for example

  • Criticism
  • Commentary
  • Parody
  • Reporting on news
  • Education (i.e. education, teaching or scholarships)
  • Research

Other factors are considered by the court including the character of the work, the quantity of work involved and the reason for its useand whether the usage is a significant deprivation to the owner of revenue. As Bang Energy used the music in order to advertise its beverage on TikTok videos The “fair usage” exemption is not applicable.

How to Legally Make Use of Music to Create TikTok Videos

The majority of people who use TikTok upload fun videos and songs. It is fine when you upload music that’s non-copyright protected protection or are granted permission to make use of the songs. There are three options to make use of music in TikTok legally:

  • Utilize to access the General Music Library on TikTok’s site for sound and music effects.
  • Make sure to upload your own tunes.
  • You can use music only with the permission of the owner of copyright.

When using TikTok’s General Music Library on TikTok’s website, it must be intended for private and noncommercial usage. As per TikTok, “Songs in our General Music Library are not approved for commercial use -which is defined as material posted by a brand or business. They are also not accessible to businesses or brands of any kind. ”

If you’re making use of music with the protection of copyright, TikTok can remove your posting. Infrequent violations can lead to the suspension or deletion of your account.

Content creators utilize TikTok to market companies or brands, and to bring publicity to their brands and products. Problems arise when influencers and creators make use of copied content that is in violation of the Terms of Service.

If the goal of your video is to advertise the public, advertise or promote your brand or business follow these guidelines:

  • Make sure you follow the TikTok’s Advertising Policy within TikTok for business.
  • Check out the TikTok’s Commercial Use Library and make sure that the checkbox for “TikTok Commercial Usage” is selected. TikTok has agreements for licensing with music artists within their music library for commercial use that allows you to access the music they offer free of charge.
  • Send us your original tunes and compositions.
  • In the event of posting content, ensure sure that there’s no background music protected by copyright.
  • If you’re using external content (not within the TikTok’s Commercial Use Library), seek permission from the owner of the copyright.
  • After uploading your video, let TikTok to conduct an copyright test for your audio. You can edit your video prior to posting.


How Do I Enforce Intellectual Right to Property on TikTok

But, what happens if personal music is featured on TikTok videos with no consent? If this happens it is possible to report the violating content directly to TikTok directly.

The year 1998 was the first time Congress adopted The Digital Millennium Copyright Act known as the DMCA. The DMCA addresses issues with copyright via the internet, and allows copyright holders to send notice and request for takedown to web service providers concerning the infringement of their rights.

  • Click here to access the Copyright Infringement Formula on TikTok.
  • Input your personal information.
  • You must provide proof of ownership of the copyright (i.e. an official certificate or a license agreement).
  • Inform the owner of any copyright violation (i.e. that is, the material which was copied).

Tiktok accepts only requests for takedown from owners of copyrights and lawyers for them. Therefore, you might require legal assistance for the enforcement of the copyright you have.

Infractions to intellectual property laws or copyrights won’t only land you into trouble in TikTok’s copyright rules however, copyright holders could even be able to sue the user. Music industry professionals have an enormous stake in the licensing of music and ensure that copyrights are not used in a way that is illegal.

It’s not necessary to solve the problem on your own. Seek the help of a lawyer

A consultation with a lawyer could aid you in understanding your options and help you defend your rights. Check out our directory of attorneys to locate a lawyer close to your home who will be able to assist.