What counts as copyright infringement on social media? | Legal Pre-Flight

What copyright protects

Copyright covers original works: photos, illustrations, videos, music, lyrics, articles, and code. The creator (or their employer) generally holds the exclusive right to copy, share, and adapt the work. A post that includes someone else's protected material without permission can infringe, even with attribution.

The most common traps

• Reposting photos and artwork — using an artist's image as your own post or background is infringement unless licensed or permitted.
• Music in videos — commercial tracks trigger automated takedowns and can carry liability.
• Screenshots of articles or designs — reproducing substantial parts of a written work or design can infringe.
• AI-generated and remixed content — outputs that closely resemble a protected source may still carry risk.

Fair use and fair dealing

The US 'fair use' and Commonwealth 'fair dealing' doctrines allow limited use without permission, but they are narrow and fact-specific. Criticism, review, and news reporting are more likely to qualify than decorative or commercial use. Giving credit does not, by itself, create a defence.

Posting more safely

Use your own work, properly licensed stock, or material explicitly released for reuse. Quote sparingly and purposefully. When a draft relies on third-party material, a screening can flag the copyright exposure before you publish.