It is no secret that copyright infringement is becoming more and more common across all widely used social media platforms. Many online content creators with a significant following have probably experienced their copyrighted material being reposted online without their authorization. Indeed, they may have experienced this unpleasant phenomenon multiple times or on a consistently reoccurring basis. There are a few different avenues that content creators can take to remedy social media copyright infringement. The most efficient remedy depends on the scale of the copyright infringement that is occurring, the resources available to devote to combatting the copyright infringement, and the types of perpetrators of the copyright infringement. This blog post will detail the potential remedies that content creators can use and the situations in which each remedy may be the most effective or efficient.
1. Platform Specific Copyright Infringement Reporting Mechanisms
Each individual social media platform has its own mechanism for users to report posts that infringe on the copyright of others. These mechanisms are usually web forms or online reporting hubs that allow users to directly call attention to one or more individual posts that infringe their copyright. In order to report copyright infringement via these mechanisms, the reporter must either be the owner of the infringed copyright or an agent of the owner.
Once a report has been received by a social media platform and the platform determines that the reported posts are indeed infringing on the copyright of the reporter, the platform will remove or restrict the post(s) in question. Most, if not all, of the social media platforms have repeat offender policies in place to proactively protect users against copyright infringement. Some platforms, such as TikTok or YouTube, have a three-strike policy. These platforms will terminate or suspend accounts that have been found to infringe the copyright of others three times within 90 days. Other platforms, such as Instagram or Etsy, have more flexible policies that give the platforms the freedom to choose when and how they restrict or terminate repeat offender accounts.
The platform-specific reporting mechanisms are generally the most effective and efficient first step to combatting copyright infringement. Although these takedown requests may require a few weeks to process, they are usually the fastest way for content creators to get infringing content removed from social media platforms. Additionally, these mechanisms are a great way to ensure that any potential repeat offender is tracked and monitored by the social media platform.
It is worth noting that if a content creator chooses to utilize the platform-specific reporting mechanisms, the platforms can, and usually will, share the reporting party’s contact information with the allegedly infringing user. This will allow the allegedly infringing user to contact the reporting party directly to resolve the issue if they choose to do so.
2. Digital Millennium Copyright Act (DMCA) Takedown Requests
The Digital Millennium Copyright Act (DMCA) requires that all Internet Service Providers (ISPs) remove material from their users’ websites if the material infringes a copyright and the ISP receives proper notice of the infringing material. In order to prepare a valid DMCA takedown request, the rightsholder has to provide certain information, such as their contact information, the location of the infringing material, a specific identification of the infringing material, and more. The DMCA takedown request then has to be sent to the DMCA agent of the correct ISP for the website that contains the allegedly infringing material.
DMCA takedown requests are not likely to be the most efficient first step in combatting copyright infringement on social media. DMCA takedown requests may take longer for social media platforms to respond to than their own reporting mechanisms. DMCA takedown requests may also take longer for rightsholders to prepare. Additionally, DMCA takedown requests may not result in “strikes” against social media users, as they are likely processed by different departments than the platform-specific reporting mechanisms. However, DMCA takedown requests may be an effective second step if a rightsholder is not seeing success when using the platform-specific mechanisms.
3. Cease and Desist Letters
To address the case of repeat offenders who have not been properly suspended or terminated by a social media platform they are using to infringe, online content creators may choose to send cease and desist letters. A cease and desist letter can be an effective way to warn alleged infringers of the potential legal repercussions of continuing their behavior. Cease and desist letters may have a more serious tone than the platform-specific notices of copyright infringement and therefore may be more successful in catching the attention of repeat offenders.
Cease and desist letters are likely only useful to rightsholders if they can locate contact information for the alleged infringer. Without correct contact information, it will be difficult to ensure that an alleged infringer has actually received and read the cease and desist letter. Further, cease and desist letters may be the most useful to address alleged infringement by other well-known content creators or alleged infringement by companies and their ambassadors.
Additionally, it is worthwhile to note that one of the most challenging aspects of combatting copyright infringement on social media is monitoring when copyrighted content is being used without the proper authorization. When a content creator has millions of views or followers, monitoring for potential infringement can be both cumbersome and time-consuming. Some platforms, such as YouTube, offer copyrighted content monitoring services to certain users —users have to qualify for the use of YouTube’s Content ID service—or will monitor for further infringement after a user has an approved takedown request. However, most platforms do not offer any sort of proactive monitoring service to their users. There are a handful of commercial solutions that content creators can purchase that will assist in monitoring for infringement, however, these services can be pricey. An Intellectual Property attorney can work with you to craft a monitoring plan that fits within any time constraints and or budgetary concerns you may have.
If you are experiencing infringement of your copyrighted content, the Intellectual Property team at BrownWinick can help! Please reach out today to discuss a solution tailored to your needs. We are here to offer trusted legal advice and add value to any matter, including those with complex and novel issues.