Art and the Internet: Are My Works Protected When I Upload Them to Social Media?

12 September, 2024
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Intellectual property
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Lucas Charnet


Have you ever wondered what happens legally with the material we share on social media? Are we infringing on copyright when we repost another user’s post? And most importantly, do we own everything we upload, or are we unknowingly giving up our rights and exposing our creations to the public domain?

In the digital age, where everyone can create and distribute audiovisual content, the ease of use often makes us forget the legal complexity behind every photograph, video, or post. Today, we will explore how intellectual property impacts our daily interactions in the digital environment.

Intellectual Property in the Digital Environment

Most of the content we consume online—music, videos, images—has an owner. Everything from a fashion design to a person’s image rights is protected by intellectual property laws. However, in an environment as vast as the internet, is there really effective control over what gets published? While regulations exist, the scope and ability to monitor platforms are limited, creating an ecosystem where infringements are hard to prevent.

Digital platforms have created tools to mitigate these infringements, but they cannot cover everything. Content creators and users find themselves at a crossroads: protecting authors’ rights while allowing the free flow of content on the web, which often leads to the misuse and unauthorized use of creative works.

Platforms and Copyright Management

When we upload content to platforms like Instagram, TikTok, or Facebook, it’s common to ignore the terms and conditions related to copyright. Although these platforms inform users about potential infringements, the responsibility to comply with the rules falls almost entirely on the users. This approach leaves much room for confusion and non-compliance, as not all users are aware of the rules governing the content they share.

On the other hand, platforms have agreements with rights management entities, such as SGAE, to manage music and ensure that artists are compensated for the use of their works. An example of this is Íñigo Quintero’s hit song Si no estás, which went viral on TikTok, reaching millions of streams on Spotify. In these cases, the platforms ensure that artists are remunerated, but what about the rest of the content we share, like photos or home videos?

This brings up a key issue: most of the visual and audiovisual content circulating on social media is not covered by automatic agreements, leaving many creators without protection or compensation when their works are used without permission. This situation raises a crucial question: who should bear the responsibility of protecting creators’ rights in such a vast and decentralized environment?

User Responsibility

While platforms implement measures to protect certain types of content, much of the responsibility lies with the users. Anyone who shares content on social media must ensure they have the necessary permissions to avoid infringing on copyright or image rights. The problem is that the process of sharing content seems so simple that many users are unaware that, by doing so, they may be committing an infringement.
An Instagram post, for example, may seem trivial, but if it includes a photograph, text, or a song, these elements may be protected by copyright. What happens if the text is a copyrighted poem or the image is by a professional photographer? The lack of understanding of what constitutes an infringement can lead to legal issues, especially in an environment where content goes viral quickly, making it difficult to track violations.

Recognition Algorithms and Copyright

Platforms use advanced algorithms to detect protected content, such as songs or videos, by analyzing metadata and comparing it to databases. If they detect an infringement, the content is blocked or removed automatically. However, these systems are not infallible. They can make mistakes, such as not identifying protected content or, conversely, blocking works that are in the public domain or that should be covered under fair use.

Moreover, these algorithms tend to focus on very specific types of content, such as popular music or videos, while other types of works, such as images or literary texts, may go unnoticed. This leaves room for unintentional infringements and raises questions about fairness in automatic rights protection.

What Is an Infringement and What Is Not?

–> Uploading a photo with friends: In theory, you need the consent of the people who appear and are recognizable in the photo before uploading it. Without this permission, you could be infringing on their image rights.

–> Uploading a photo to Instagram and adding a song: If the song is added through the app itself (for example, from Instagram or TikTok’s music library), you are not committing any illegality. The music is uploaded through services like Spotify, which have agreements with rights management entities and pay royalties to the authors.

–> Uploading a movie clip: This could be a copyright infringement because you are publicly sharing a protected work without the owner’s authorization. Even if it’s just a few seconds, it could be considered an unauthorized public communication.

–> Uploading a meme that uses images from movies or celebrities: Although it’s common to see memes using protected images, this could technically infringe copyright or image rights, depending on the use. However, in some cases, the “fair use” principle or parody exception could apply, but this varies by jurisdiction and context.

–> Uploading your own work that you already shared on another platform: There’s no infringement if the work is entirely yours. However, it’s important to read the terms and conditions of each platform, as some may acquire limited rights over the content you upload, which could affect how you can distribute it later.

–> Uploading a photograph of a public domain work: If the original work is no longer protected by copyright (for example, a 19th-century painting), you can use it freely. However, if the photo was taken by someone else, you might need their permission, as the photo itself may be protected.

Conclusion

Despite platforms’ efforts to manage copyright through algorithms and agreements with rights management entities, control is limited. The amount of unauthorized content uploaded daily is immense. Sharing content on social media can help give visibility to artists, but if done without proper authorization, creators lose control over the use of their works, which can lead to the erosion of their rights.
If we are not careful with copyright in the digital age, we could be reviving an unjust system, similar to that of the 19th century, when artists received no compensation for the resale of their works. Protecting and recognizing creative work is essential to making the digital ecosystem fair and sustainable for both users and creators.

At MES Advocats, we offer comprehensive advice and support in the process of registering, protecting, and managing creative works, providing personalized and efficient service to our clients. Our experience allows us to offer a fast, tailored service with excellent results. If you need more information or are interested in obtaining a quote, feel free to contact us.

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AuthorsSocial Media

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