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Instagram copyright infringement

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With the proliferation of the Internet, authorship compliance is suffering more and more. A frequent violation is the posting on social networks of texts, photos, videos and music recordings, the rights to which the user does not have. The use of someone else’s content without permission occurs on all networks, but now let’s talk about how to protect copyrights on Instagram.

Social media strives to ensure that users can post their content without fear and suppresses theft. You can complain about violators on Instagram, it really works: stolen materials are deleted, the accounts of thieves are blocked.

A few words of theory. Copyright arises at the moment of finishing work on an object (photo, article, music). And you can protect it after the public disclosure of the work. When you post a photo to your account, you have the photo copyright on Instagram. If you post someone else’s, previously published picture, it will be a direct violation. A quote from the “Terms of use of the social network Instagram” (hereinafter – the Terms):

“As always, you own the content you post on Instagram. Please remember that only genuine content can be published. Do not post anything that you have copied or found on the Internet unless you are authorized to do so. Violation of these rules may lead to the removal of materials, blocking of accounts or other restrictions. “

Clause 14 of the General Terms and Conditions section contains important information. It states that you can only post photos or videos that the user created himself, or which he has permission to share.

Social media and copyright: common issues

Communication, sharing information online is very common, so copyright and social networks are very closely related. It is important not to violate yourself and to react in a timely manner when your own interests are violated.

And they violate in this way:

  • Photos from a blogger are borrowed by another blogger, magazine, website or travel agency, used for illustrations or advertising.
  • The article is reprinted by the aggregator site, does not indicate authorship, does not provide an active link to the creator.
  • The watermark from the photo is removed when reprinted (this is a violation of the inviolability of the work).
  • A clone store is created.
Instagram copyright infringement

For any of these problems, a complaint about an Instagram profile will be justified. The most common problem is clone store accounts. The creators of fake and fraudulent pages parasitize on the audience gathered by well-known brands (manufacturers, distributors, retailers). We need to fight the fake developers. On the one hand, they cause damage to copyright holders who invest in the promotion of their Instagram pages, product promotion and audience engagement. On the other hand, they simply deceive customers.

If you complain about your Instagram account, the administration of the service will control the removal of infringing materials. In case of repeated violations, the pages of the violators are blocked. It happens that an account can be blocked for one carelessly posted photo.

How not to violate copyright on Instagram

In a nutshell, you need to have either the authorship or the permission of the owner to use the content. That is, you need:

  • Publish your own written, photo, video, music content.
  • Purchase photo and video content for use from creators or on special stock sites.
  • Use materials that are published under Creative Commons licenses or with the Public Domain tag.
  • If the photo or video was created by order, it is imperative 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.
Instagram copyright infringement

It is allowed to quote works. Of course, music copyright on Instagram does not imply “quoting” of musical works. Unless you can sing a song or play a tune yourself, record it on video. You can exhibit movie frames or clips, publish quotes from other people’s texts with a link to the author. But it is necessary to quote accurately, without distortion. On the other hand, even this is not always pleasant to the authors, sometimes they also complain about citations.

What can be posted on Insta according to the official rules

Social network conditions repeat the theses outlined above, in other words. They provide simple but effective rules for running your own author account. Clause 4 of the “Rights” section states: “You represent and warrant that:

  • you have materials published by you on the service or with its help, or otherwise have the right to transfer the rights and licenses established by these terms of use;
  • the publication and use of your materials on or with the service does not violate or assign the rights of any third party, including, but not limited to, the right to privacy, the right to public use, copyrights, trademarks and / or other intellectual rights property (…) “

Reporting Copyright Infringement on Instagram

For more information on how to report an intellectual property infringement, please follow this link. To protect authorship, the Terms provide an appropriate complaint form on Instagram. If you think you are facing infringement of your authorship (using music, logo, trademark without permission), you can fill out this form.

Alternatively, write a letter to us at info@sion.ua, and we will promptly prepare a request for infringement of rights. Be sure to include a detailed description of the complaint regarding the situation. An important point: you don’t need to have your own Instagram account to file a complaint.

If you notice plagiarism on social networks, you can contact the violator who posted it 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 administration of the social network. If after the request the content is not deleted, then the next step is to contact the Insta admins.

Sometimes it takes some time to process a complaint, up to several days. Do not worry if the administration does not respond instantly – it will definitely respond.

But how many complaints do you need to delete a photo on Insta? As a rule, one is enough for a reaction. However, we often face situations when, after blocking, a new account is created, which also continues to use pirated content. In this case, you have to complain again.

How else to complain

The consequences of complaints from the administration may vary. At first, it may be a warning asking you to delete, for example, a photo posted with an infringement of authorship. Further, if the content is not removed, the offender’s account is blocked.

Instagram copyright infringement

In addition to the complaint on Instagram, you can use legal methods of influence in accordance with the legislation of Ukraine. For example, if goods of your production are displayed in someone else’s insta-store, you can send a document called “Pre-trial claim” to the real address of the offender. This may be followed by an appeal to the court.

The claim sets out the facts supporting the violation and requires the removal of the materials. It is necessary to draw up the document legally correctly so that it can be considered evidence in court, if necessary. Therefore, it is better to entrust the preparation of a claim to lawyers.

They resort to writing it and going to court if the violation entails serious material and reputational consequences. Instagram often blocks fraudsters without a formalized pre-trial claim, only upon a complaint. But if the damage is great, then it makes sense to compete in court.

Author:

Yuriy Marinichev

partner, IP & tax attorney

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