Everyone has posted something online. It could be a funny video, a photo you’re proud of, or a clever post. You might have even thought, “What if this actually takes off?”
Sometimes, that post gets shared and then reshared. Before you know it, your content seems to be everywhere. When digital content goes viral, it can be exciting. On the other hand, it can also be a little unsettling, especially when you start seeing your work pop up on accounts that never asked for permission.
Once your work starts to go viral, what can you do about protecting creative rights on social media? Here is what you will want to know.
Do You Still Own Your Work?
In short, the answer is yes. If you create something original, like a photo, video, piece of artwork, or written content, you automatically own the copyright to it. That protection exists the moment the work is created.
When you post on social media, that doesn’t mean you’ve given up those rights. Your work might get shared thousands of times, but it is not public property. You are still the creator.
Unfortunately, all social media platforms thrive on sharing, and that is where things can get complicated.
What Is the Difference Between Sharing vs. Using Someone Else’s Work?
Retweets, duets, stitches, and reposts are the core of social media. Sharing is expected. However, there’s a big difference between someone sharing your content and someone using it like it’s their own. Problems happen when someone:
- Reposts your work without credit
- Edits it and claims they made it
- Uses it in advertising
- Sells merchandise based on your design or image
Now, this is more than sharing. Someone could be violating your copyright.
Virality Can Cause Problems
When something goes viral, it spreads fast. A video can jump platforms in a matter of hours. For some creators, that exposure can be amazing. It can lead to new followers, opportunities, and collaborations.
Viral content can blur the lines between sharing and using someone else’s work without permission.
Many people assume that if something is already circulating online, it’s free to reuse. Others claim fair use as a blanket excuse. In reality, fair use is much narrower than most people think. This only applies in specific situations, such as commentary, criticism, education, or parody, not reposting someone else’s work.
How Can You Protect Your Work
You cannot control how content moves online. However, there are a few ways to protect yourself if something you create starts getting attention.
- Add your name or watermark: Placing a small watermark or username on an image or video can go a long way toward tracing the content back to you.
- Keep your original files: You want to hold onto the original version of your work. This can help prove you’re the creator if there’s ever a dispute.
- Consider registering your copyright: For professional creators, artists, or photographers, formal copyright registration can add another layer of protection.
- Keep an eye on where your content shows up: With a quick search, it can reveal where your work is being reposted and whether it’s being credited properly.
While none of these steps will stop every misuse, they make it easier to assert your rights if things go sideways.
What If Someone Uses Your Content Without Permission?
If you discover someone using your content in a way that feels wrong, you do have options. Most social media platforms allow creators to submit copyright complaints or takedown requests. These are handled through processes based on the Digital Millennium Copyright Act (DMCA).
In many situations, the platform will review the request and remove the content if it violates copyright rules.
For more serious situations, such as a company profiting from your work without your permission, you may want to reach out to an IP litigation lawyer to determine your legal options.
Protect Your Works in the Digital Space
Protecting creative rights on social media is important when your digital content goes viral.
While this type of exposure can be exciting, you do not have to lose control of your work just because it has become popular.
You can enjoy the upside of viral moments while still protecting the creativity and effort that went into making the content in the first place. At Phillips & Bathke, P.C, we are here to make sure your rights and copyrights remain in place. You deserve the credit and control of these works, and we can assist with that. Schedule a consultation today.
