Oops, I Did It Again: Navigating Social Media Posts For Brands

Brands' social media feeds are getting attention lately, but not always for the right reasons. We've covered social media advertising risks in our ADventures in Law blog before. Check out Amy Ralph Mudge's post on using memes and other trending content on a brand page. While the use of memes on brands' social posts continues to come up, there's more that brands should be thinking about when creating and vetting content so they can avoid infringement claims.

Copyright Basics

First, some copyright basics. Most of the music, trending content, and other sounds used across social media on personal accounts are likely subject to copyright protection under the Copyright Act. However, an individual user syncing "Girls Just Wanna Have Fun" to a video of a bachelorette party is allowed because Instagram has obtained the necessary usage rights and permissions from the music rights holders. These licenses generally allow for personal use on that platform.