TikTok is a popular social media app that allows users to create and share short videos. It was launched in 2016 by ByteDance and has quickly grown to become one of the most used social media platforms in the world. As of December 2023, TikTok has over 1 billion monthly active users globally [1].
A key feature of TikTok is its ability to allow users to easily create and share fun 15 to 60 second videos. Video creators can utilize background music, filters, effects and more to enhance their short video clips. The app makes it very simple to film, edit and post entertaining short form videos. This has helped fuel TikTok’s massive growth and popularity, especially among younger demographics.
Copyright Law Basics
Copyright is a form of legal protection granted to creators of original literary, dramatic, musical, and artistic works (U.S. Copyright Office, 2022). This includes videos which are considered audiovisual works. Under U.S. copyright law, the creator of an original video automatically holds the copyright to that work as soon as it is recorded. This gives them certain exclusive rights, including the rights to reproduce, distribute, publicly perform, publicly display, and create derivative works from that video.
There are three basic requirements for copyright protection according to the U.S. Copyright Office (2022):
- The work must be original. This means the work must be independently created and reflect some minimal degree of creativity.
- The work must exhibit creativity. Facts themselves are not copyrightable, but an original selection or arrangement of facts can be.
- The work must be fixed in a tangible medium. For a video, this means it must be recorded in a tangible format like film, analog or digital tape, or digital recording.
Videos that meet these requirements are automatically protected by copyright from the moment of creation. This gives the video creator control over how their work is used. Posting someone else’s video without permission violates their exclusive right to reproduce and distribute the video.
Sources:
U.S. Copyright Office. (2022). Copyright Basics. https://www.copyright.gov/circs/circ01.pdf
TikTok’s Policy on Copyright
TikTok’s Terms of Service and Community Guidelines clearly prohibit users from posting content that infringes on someone else’s copyright [1]. Their Intellectual Property Policy states: “We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason is prohibited.” [2]
Specifically, TikTok prohibits re-uploading others’ content in its entirety, unless users have obtained the proper licenses and permissions. You should only post original videos, images, and sounds that you created or have authorization to use. TikTok recommends obtaining written permission from the copyright holder before posting any copyrighted materials.
Fair Use Doctrine
The fair use doctrine allows for limited use of copyrighted material without permission from the rights holder under certain circumstances. Fair use aims to balance the interests of copyright owners with the public benefit derived from commentary, criticism, news reporting, education, and research (Copyright Law and the Use of Video in the Classroom). The copyright statute lists four factors to be considered in determining whether or not a particular use is fair use:
- The purpose and character of the use (e.g., commercial vs. educational).
- The nature of the copyrighted work.
- The amount and substantiality used in relation to the work as a whole.
- The effect of the use upon the potential market for or value of the original work.
Posting part or all of someone else’s video on TikTok could potentially qualify as fair use, for example, if it’s used for commentary, criticism, or parody. However, directly reposting large portions of a video in order to exploit its popularity would likely not be considered fair use (The Imaginary Trademark Parody Crisis).
Obtaining Permission
To legally and ethically share someone else’s video on TikTok or any platform, you must first obtain explicit permission from the video’s rightful copyright holder. There are a few ways to properly license or gain permission:
Get direct written consent from the copyright holder. Reach out to the creator of the original video and ask for their authorization to share the content. Make the terms clear – outline where, how, and for how long you plan to share the video. Get their approval in writing.
Purchase a license or pay royalties. Many professional videos and creative works can be licensed for a fee. Platforms like Getty Images and Pond5 allow you to buy licenses to legally use and share stock footage and other content.
Use video content from Creative Commons. The Creative Commons license allows creators to share their work while retaining copyright. CC has several license types – always verify the specific terms, but some variants allow free sharing/reuse with proper attribution.
Rely on fair use exemptions. Fair use is a legal principle that permits limited use of copyrighted material without permission in certain cases, such as commentary, criticism, education, etc. However, fair use can be complex to interpret.
When in doubt, always reach out to the original creator first. Unauthorized sharing of copyrighted videos is unethical and a violation of platforms’ policies and copyright law.
Crediting Original Creators
When reposting someone else’s video on TikTok, it is important to properly credit the original creator. The best practice is to mention the original creator’s username in the caption of your video. For example: “Via @originalcreator” or “Credit: @originalcreator”.
You can also credit the original video in a comment under your reposted video. However, captions are more visible so it’s ideal to credit there.
Some other tips for properly crediting sources on TikTok include:
- Ask permission from the original creator before reposting.
- Use screenshots or short clips rather than reposting the full original video.
- Add your own creative elements like voiceovers or effects.
- Credit the original in the first line of the caption if possible.
- Tag the original creator’s account to give them exposure.
Properly crediting others for their creative work is not only good etiquette, but can also help avoid copyright issues. The key is clearly attributing the original source right within your reposted video.
Potential Consequences
There can be serious repercussions for posting videos on TikTok without permission or proper credit. Under TikTok’s Repeat Infringer Policy, accounts will receive a copyright strike if their content gets removed for infringement https://support.tiktok.com/en/safety-hc/account-and-user-safety/copyright. After 3 copyright strikes, TikTok may permanently suspend an account.
In addition, the copyright owner can file a DMCA takedown notice with TikTok to have infringing content removed. They may also sue the infringing user for statutory damages up to $30,000 per work infringed. Even unknowing or accidental infringement can lead to expensive legal consequences. Criminal charges are also possible for willful copyright infringement under the Copyright Act https://www.tiktok.com/legal/copyright-policy.
Overall, it’s critical to avoid posting videos without permission or attribution on TikTok. The potential account suspension, legal liability, and criminal penalties make it not worth the risk. Always get express consent and/or provide proper credit to avoid copyright troubles.
Dispute Resolution
If you believe your copyrighted content has been used on TikTok without permission, you can file a DMCA takedown notice to have the infringing content removed. According to TikTok’s Copyright Policy, rightsholders should fill out the DMCA form on TikTok’s website and provide proof of copyright ownership.
If you believe your content was wrongly removed due to a false copyright claim, you can file a DMCA counter-notice with TikTok. The counter-notice should explain why you have the rights to use the content. TikTok will then notify the claimant, who has 10-14 days to take legal action before the content is restored. More details on this process can be found in TikTok’s Intellectual Property Policy.
It’s recommended to first try resolving disputes directly by contacting the infringing user or claimant. However, if issues persist, filing official DMCA notices is the proper way to address copyright disputes on the platform.
Guidelines for Responsible Sharing
There are a few tips to keep in mind when sharing others’ videos on TikTok to stay safe and respect copyright:
- Only share videos from accounts you know and trust. Avoid resharing videos from unknown or suspicious accounts.
- If you want to share a video that’s not your own, try to share the link or embed the video when possible rather than downloading and reuploading.
- Always credit the original creator by mentioning their username in your caption or comment when resharing.
- Ask permission from the original creator before resharing if you have direct contact with them.
- Avoid resharing videos that contain sensitive, illegal, dangerous or inappropriate content.
- Do not try to pass off others’ content as your own. Transformative reuse may fall under fair use, but stealing videos is always unethical.
- Be mindful of only resharing videos for purposes like commentary, criticism, education or other transformative purposes.
- If in doubt, do not reshare the video or remove it immediately upon request from the rights holder.
Following these tips and TikTok’s policies can help creators freely share fun videos legally and responsibly.
Conclusion
When sharing other creators’ content on platforms like TikTok, it’s crucial to be thoughtful and responsible. Here are the key takeaways:
- Copyright law and fair use doctrine allow some reuse of copyrighted materials, but significant transformation is required.
- Always credit the original creator and follow TikTok’s attribution requirements.
- Obtain direct permission whenever possible, especially for prominent reuse.
- Avoid wholesale reposting of full videos to respect creators’ rights.
- Excerpt short clips and provide value-added commentary or context.
- Be mindful of dispute resolution policies in case of copyright claims.
- Follow platform guidelines and community norms around responsible sharing.
By keeping these principles in mind, you can ethically share your appreciation for creators’ work on TikTok and other platforms.
