Social Media Landscape for Business Users

We live in a digital world where social media has become the go-to space for companies to connect with consumers. While it may feel like social media is a free and open space for creative marketing, enforcement actions related to social media use—or misuse—are on the rise.

On social media, sharing, reposting, and using viral tunes are common. Despite the free flow of online information, brands must comply with copyright law, which protects works such as music, images, and videos. Using copyrighted content without permission can constitute infringement. Many copyright owners sue brands for unauthorized use, especially when viral songs or images feature their products. Virality doesn't mean free, and using a product in a third-party photo doesn't grant rights. Crediting creators isn't enough; permission is necessary. Brands should ensure all music and images are properly licensed.

Most social media platforms offer general music libraries for personal use and separate commercial libraries for commercial use. Review the license for any music used to ensure compliance. Use original images or obtain the necessary license and permissions to use someone else’s image.

Companies should also maintain clear records of all licenses and approvals. A formal approval process or checklist can help ensure compliance.

As enforcement intensifies, the question becomes where to quickly find original content, leading to the use of AI-generated content. Several platforms offer AI software that generates original content for commercial use. These platforms create new possibilities for content creation, but they should be used with caution.

Several lawsuits have challenged the use of copyrighted materials in AI training and allege that AI-generated outputs may infringe existing copyrights. The AI generation platform’s license and terms of use should be reviewed to determine whether the proposed use is covered, who owns the generated materials, and whether the platform provides indemnification for infringement claims. Companies should also check whether the AI software includes measures to prevent the recreation of training materials in output materials.

Influencer marketing has become a powerful tool for brands, but it carries responsibilities. The FTC has established guidelines to ensure transparency in influencer marketing. One key guideline is the disclosure of material connections between influencers and brands. This means that if an influencer receives compensation or free products in exchange for promoting a product, they should disclose this relationship to their audience. Such transparency builds trust with consumers. Additional considerations include a provision in the influencer agreement that prohibits the influencer from using third-party content without permission and requires the use of properly licensed works in their post. Verify that influencers use only properly licensed works.