Key Points
- When you post writing, images, video and music to social media it’s automatically covered by copyright.
- Copyright limits how we can share someone’s work.
- Content can be shared under fair dealing or Creative Commons licences.
- Copyright violation can result in account closure and financial penalties.
Copyright is a type of legal protection that applies to creative works such as writing, photography, music and videos. It gives the creator the right to use it in certain ways, such as sharing it on social media.
It also prevents us from using someone’s work without their permission.
There’s no need to register copyright in Australia—it’s free and it’s automatic, says social media lawyer Tegan Boorman.
“When they publish on social media then copyright will generally subsist in things like literary, dramatic, musical and artistic work,” Ms Boorman says.
“So a photograph would generally be considered an artistic work, and the owner of the copyright is generally the author of the work.”
What are you agreeing to on social media?
Social media platforms have their own terms and conditions which the account holder agrees to when joining—like the sharing functionality.
The content creator agrees to others sharing their work on that platform, while retaining ownership of their copyright. The settings can also be adjusted to prevent sharing.
Facebook and Instagram let you share content across these platforms as they are both owned by Meta. This means if you share another account holder’s work, the platform will automatically credit them.
However, it is not okay to simply upload someone’s content off platform to your socials.
The platform’s terms and conditions will usually require you to have the appropriate rights to do so—that is, you must be the creator of the work, or have obtained permission from the creator to use their work.
Content can be shared under fair dealing or Creative Commons licences. Source: iStockphoto / anyaberkut/Getty Images/iStockphoto
Always give credit
Copyright is in place to protect the creator, so simple communication and attribution will prevent most copyright violations.
In the case of artist and visual arts teacher Paul Murray, his artwork was posted on social media without his consent and in violation of his copyright.
“This person attended one of my exhibitions and took very poor-quality photographs of my work,” Mr Murray says.
They posted them on Facebook with incorrect titles. They spelled my name incorrectly but probably worst of all was that they presented them in a context that actually undermined what my intention was, what the whole exhibition was about.Paul Murray, artist and visual arts teacher
Mr Murray reported this to Facebook who took down the post.
If you want to share someone’s work, it’s best to contact them via the platform and ask how they want to be attributed. If they are an influencer for example, you might contact their management.
In most cases the creator will simply require you to tag their username to link back to their account.
Can we use content without permission?
There are some exceptions under the Australian Copyright Act that allow you to use someone else’s material without infringing their copyright.
One such exception is under ‘fair dealing’ law. This allows you to use someone’s material without their express permission, provided it’s for non-commercial purposes and is in the public interest. This might be for:
- News
- Research
- Education
- Parody and satire
It can also be safe to share someone’s creative content under what’s called a licence. This is a collection of copyright-protected material found online.
Although the content is available to use without permission, under a Creative Commons licence the creator still owns copyright, so you’ll need to credit them.
There are different Creative Commons licences, so make sure it matches your purpose.
Alex Solo is co-founder of Sprintlaw legal service. He says under one type of Creative Commons licence he could post his photography online and encourage people to use it, but only for personal, non-commercial use. If someone wanted to use it commercially, they would need to pay.
“Certainly we encourage a lot of content creators or users of other content to check the licenses,” says Mr Solo, “and if there’s a Creative Commons that's broad enough to allow them to use it, that can be a really great solution to having to ask permission every time.”
To use a Creative Commons image, search Google Images, look for the ‘Tools’ option and then select ‘Creative Commons Licences’.
Syncing music to your videos
Until recently we’ve needed the artist’s permission to sync their music with our images and videos—which is usually impossible to get.
To get around this, platforms such as Instagram and TikTok now offer built-in music libraries with broad artist agreements already in place.
If it’s not in the music library and you’re using off platform music, you still need the artist’s permission.
Take progress shots of your work. Credit: LeoPatrizi/Getty Images
Discouraging others from copying your work
You can remind people that it’s your work by adding the copyright symbol—the letter C within a circle—or a notice such as ‘cannot be used without my permission’ on your posts.
Paul Murray uses a number of strategies to protect artwork.
“First of all, don't post a high-res image of the full work,” says Mr Murray.
“Secondly you can watermark the work using Photoshop or other watermarking tools. Thirdly, you can make sure you just include a detail of the work, not the full work.”
You can also post works-in-progress images to prove that you're the creator, although most platforms have date stamping.
Mr Solo urges all content creators to monitor their own work.
You can do Google reverse image searches and just see all the places your images have been used and contact those people; you can search for snippets from your blog posts and see if someone's copied them.Alex Solo, Sprintlaw
Copyright concept Credit: JLGutierrez/Getty Images
What if someone breaches your copyright?
Even with protections in place, copyright infringements occur all the time.
If you believe someone has seriously violated your copyright you might choose to seek legal advice.
Many platforms have a reporting function for infringements. They can remove content and even disable accounts.
There are also more severe penalties for violating copyright laws, whether intentionally or not. Copyright infringement can result in legal action and financial penalties, particularly if someone has profited from someone else’s work.
You can find out more from the Australian Copyright Council.
Subscribe or follow the Australia Explained podcast for more valuable information and tips about settling into your new life in Australia.
