With the spread of the Internet, copyright compliance suffers more and more often. A common violation is posting texts, photos, videos and music recordings on social networks, the rights to which the user does not have, which causes copyright infringement on Instagram. Using someone else’s content without permission occurs in all networks, but now we will talk about how to protect copyright on Instagram.
Social networks strive to ensure that users can post their content without fear, and they stop theft. You can complain about violators on Instagram, and it really works: stolen materials are deleted, and the thieves’ accounts are blocked.
A few words of theory. Copyright arises at the Guatemala Phone Number List moment of finishing work on an object (photo, article, music). And it can be protected after the public disclosure of the work. When you post a photo on your account, you have copyright on the photo on Instagram. If you post someone else’s previously published picture, this will be a direct violation. Quote from the “Terms of Use of the Instagram Social Network” (hereinafter referred to as the Terms):
“As always, you own the content you post on Instagram. Remember, only post authentic content. Don’t post anything you copied or found online unless you have the right to do so. Violating these rules may result in content being removed, accounts being blocked, or other restrictions.”
Important information is contained in paragraph 14 of the section “Basic conditions”. It states that only photos or videos that the user created themselves or that they have permission to share can be posted.
Social Media and Copyright: Common Issues
Communication, sharing of information online is very common, so copyright and social networks are very closely related. It is important not to violate independently and to react promptly when your own interests are violated.
And they violate it in this way:
- Photos from a blogger are borrowed by another blogger, magazine, website or travel agency and used for illustrations or advertising.
- The article is reprinted by an aggregator website, without indicating authorship or providing an active link to the creator.
- The watermark from the photo is removed when reprinted (this is a violation of the integrity of the work).
- A clone store is being created.
In any of these cases, a complaint about an Instagram profile will be justified. The most common problem is accounts of clone stores. The creators of fakes and fraudulent pages parasitize on the audience collected by famous brands (manufacturers, distributors, retailers). Fake makers must be fought. On the one hand, they damage the copyright holders who invest in the promotion of their Instagram pages, product promotion and audience attraction. On the other hand, they simply deceive buyers.
If you complain about an Instagram account, the service administration will monitor the removal of materials that violate the author’s copyright. In case of repeated violations, the violators’ pages are blocked. It happens that an account can be blocked for one carelessly posted photo.
How to Avoid Copyright Infringement on Instagram
In a nutshell, to use the content you need to have either authorship or permission from the owner. That is, you need to:
- Publish your own written, photo, video, and musical content.
- Purchase photo and video content for use from creators or on special stock sites.
- Use materials that are published under licenses such as Creative Commons or with the Public Domain label.
- If the photo or video was created to order, it is necessary to conclude a written agreement on the transfer of rights with the photographer or videographer. Otherwise, the author has the right to dispose of the material at his own discretion.
It is allowed to quote works. Of course, copyright for music on Instagram does not imply “quoting” musical works. Unless you can sing a song or play a tune yourself, record it on video. You can post frames from films or clips, publish quotes from other people’s texts with a link to the author. But you must quote accurately, without distortion. On the other hand, even this is not always liked by authors, sometimes they complain about quoting.
What can be posted on Instagram according to the official rules
The social network’s terms and conditions repeat the points lebanon phone number library outlined above, in other words. They provide simple but effective rules for running your own author’s account. Clause 4 of the “Rights” section states: “You confirm and guarantee that:
- own the materials you have published on or through the service, or otherwise have the right to transfer the rights and licenses set forth in these terms of use;
- the publication and use of your materials on or through the service does not violate or misappropriate the rights of any third party, including, without limitation, the right of privacy, the right of publicity, copyright, trademark and/or other intellectual property rights (…)”
Reporting Copyright Infringement on Instagram
Detailed information on how to report an intellectual property violation is posted on the app platform . To protect authorship, the Terms provide a corresponding complaint form on Instagram. If you think that you have encountered a violation of your authorship (use of music, logo, trademark without permission), you can fill out the form online.
Alternatively, write us an email at. And we will promptly prepare a request for copyright infringement . Be sure to attach a detailed description of the claim regarding the situation. Important: you do not need to have your own Instagram account to file a complaint.
If you notice plagiarism on social networks, you can contact the violator yourself. You need to write to Direct (private messages) , here you will need an account. This can be done before sending a complaint to the social network administration. If after the appeal the content is not removed, then the next step is to contact the Insta admins.
Sometimes it takes some time, up to several days, to consider a complaint . Don’t worry if the administration doesn’t respond immediately – they will definitely respond.
But how many complaints does it take to remove a photo on Instagram ? As a rule, one is enough to get a reaction. However, we often encounter situations when, after blocking, a new account is created that also continues to use pirated content. In this case, you need to complain again.
Types of complaints received by the platform administration
The consequences of complaints to the administration may vary. First, it may be a warning with a request to remove, for example, a photo posted with a violation of authorship. Then, if the content is not removed, the offender’s account is blocked.
In addition to a complaint to Instagram, you can use legal methods of influence in accordance with Ukrainian legislation. For example, if someone else’s Instagram store displays products of your production, you can send a document called “Pre-trial claim” to the real address of the offender. This can be followed by an appeal to the court.
The claim states the facts confirming the violation and bmb directory demands that the materials be removed. The document must be drawn up legally correctly so that it can be considered evidence in court, if necessary. Therefore, it is better to entrust the preparation of the claim to lawyers.
They resort to writing it and going to court if the violation entails serious material and reputational consequences. Instagram often blocks scammers without an officially filed pre-trial claim, only upon complaint. But if the damage is great, then it makes sense to fight in court. Lawyers and attorneys of our company will select the most effective legal mechanism to protect your rights on Instagram.
What are the consequences of trademark infringement on Instagram?
In addition to copyright, frequent violations on Instagram include the use of other people’s trademarks. This is especially popular when it comes to creating a clone account to sell clearly unoriginal goods (counterfeit) or services under the guise of a promoted expert.
Instagram’s trademark protection policy complies with the laws of most countries. However, in order to protect your rights, in this case, the fact of first posting your logo on your account will not be enough. To do this, you will need to go through the state procedure for registering a trademark and obtain a certificate.
