Social Media is different things to different people. Terms that describe it range from an addiction, to a time sapper, to a necessary evil, to a great marketing tool. All of those descriptions are appropriate depending on how you choose to interact with it. I have seen marketing strategies executed on Social Media that are absolutely brilliant. I have also seen mistakes made that could easily result in a lawsuit that could cost you your business.
The basic problem here seems to be with the internet itself. In the early days, the promise was that it was the “great equalizer” and the mom and pop grocery store would be able to compete on the same level playing field as a Fortune 500 company. While this is far from true, the large number of free applications, blogs, etc have made it possible for anyone to gain an online presence, and even call themselves experts.
Therein lies the problem. As more and more people set up shop who may have the talent to do the work but not the professional background to know the ropes of an industry, trouble can occur. One of the most prevalent of these issues comes under the heading of Copyright and Trademark law.
In the print era copyright was a little more respected. But somehow the ease of right clicking an image, or copying and pasting someone else’s copy was just too easy to resist. And Social Media has been bending the traditional rules of marketing where one could feel that a large designer such as Abercrombie, or Guess Jeans may be thrilled to have their advertising images plastered on every blog and Facebook page they can get. Afterall, it’s free advertising, right?
Don’t count on it. It could be the invitation to the lawsuit that you can’t afford. While it is free advertising, they also have their branding to consider and may not appreciate having their corporate image used outside of their control. There is also the very real probability that the photographer is the copyright holder of the images and will take action when his/her images are used by those who have not paid to license them.
Social Media seems to have changed all the rules where many believe that everyone wants their intellectual property to be stolen, reposted and linked to. Many so called “professionals” are now even claiming that they are doing people a favor by stealing and reposting their content. Many blogs even offer little widgets/buttons that will allow you to completely copy and repost someone else’s post. That doesn’t make it legal. It hasn’t changed the law, and hopefully it never will. One cannot long create content without payment for doing so… and many are beginning to take the necessary legal actions to protect their earning power.
Granted, you are not likely to use an Abercrombie or Guess Jeans marketing image for your company (though there are numerous blogs that do nothing other than repost such work in the hope it will draw enough visitors to make a killing off affiliate and pay per click ads) but the same concerns apply.
Do you have the rights to use the images you have on your website, blog or social media? Or do you just assume no one will mind? The same goes for copy. Another point too consider is do you, or does the photographer have model releases from the people in the photos? That photo of customers in your store could cost a pretty penny if used in a marketing campaign without the express written permission of those in the picture.
The internet changed the game for sure. But copyright laws apply regardless of the medium. According to the United States Copyright Office, copyright is “a form of protection grounded in the US Constitution and granted by law for original works of authorship fixed in a tangible medium of expression.” Just because content is online does not mean it can be reposted or used in other materials. A copyright violation opens you to a $150,000 violation plus other damages.
The best solution is to create your own content. When using somone else’s content, take the time to get written permission first. Be certain anyone you may outsource your Social Media to or employees who may be updating your Social Media are aware of the rules of the game and don’t expose you to potential liabilities. For more information, visit the Copyright Alliance.