TikTok has exploded in popularity in recent years, becoming one of the most used social media platforms in the world. As of 2022, TikTok has been downloaded over 672 million times globally, and has over 1 billion monthly active users (Sources: https://www.statista.com/topics/6077/tiktok/, https://backlinko.com/tiktok-users). With this huge userbase, TikTok videos often go viral quickly, tempting users to share others’ content.
However, there are important legal and ethical considerations around sharing other people’s TikTok videos without permission. While TikTok’s terms of service allow for some sharing, wholesale reposting of videos could infringe on copyright law. There are also risks around privacy violations and loss of ad revenue for original creators. This article will explore the legality, ethics, risks and best practices around sharing TikTok videos to help you make informed choices.
Copyright Law
Copyright law grants the creator of an original creative work exclusive rights to that work for a certain period of time. This includes the right to reproduce, distribute, publicly display, and create derivatives of the copyrighted work (U.S. Copyright Office).
On TikTok, users post short videos that may contain copyrighted material like music, visuals, or audio from other sources. According to TikTok’s copyright policy, users are responsible for clearing rights to any copyrighted content they share on the platform. Posting videos using copyrighted content without permission is a violation of copyright law and TikTok’s terms of service (TikTok).
If a TikTok user does not have permission to use copyrighted material, the copyright holder can file a DMCA takedown notice to have the content removed. TikTok also has technology to identify and remove some copyrighted content automatically. However, the onus is still on the user to obtain proper licensing for any copyrighted material they wish to incorporate into their videos (TikTok).
TikTok’s Terms of Service
According to TikTok’s Terms of Service, users grant TikTok “a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to host, store, use, reproduce, modify, create derivative works, distribute, publicly perform, and publicly display” their content. This means that by default, all TikTok videos can be shared and reposted by others.
However, TikTok’s terms also state that users must respect the rights of others and not share content if they don’t have the right to do so. Specifically, the terms state “You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations.”
So while TikTok’s platform allows for easy sharing and reposting of videos, users still need to consider copyright laws, obtain permission when required, and avoid sharing others’ content without authorization. Simply because the platform makes content easy to share does not mean users have free reign to repost anything without considering the implications. Users who share content without permission could face consequences like copyright strikes or account suspension.
Obtaining Permission
When sharing someone else’s TikTok video, it’s important to obtain their permission first. This shows respect for the original creator and helps avoid potential copyright issues.
The best practice is to send the creator a direct message asking if you can reshare their content. Explain how you plan to share it and provide proper attribution. Many creators appreciate the exposure from reposts. However, you should honor their wishes if they decline.
If you receive permission to share the TikTok, be sure to credit the original video properly. On TikTok you can do this by using the “Give Credit” feature when posting a video. This allows you to credit the original video you reshared. Proper attribution is key for maintaining trust with creators.
Here are some examples of how to credit original TikTok videos:
– “Original video by @username”
– “Credit: @username”
– “Via @username”
Always credit creators by their exact username. Ask them how they prefer to be credited. Proper attribution shows respect for their work and intellectual property.
Fair Use
The fair use doctrine allows limited use of copyrighted material without acquiring permission from the rights holders. Fair use is evaluated on a case-by-case basis, but is generally permitted for purposes like criticism, comment, news reporting, teaching, scholarship, or research (Copyright, 2022). On TikTok, fair use may allow you to include short clips of copyrighted content in your videos for purposes like commentary or parody. However, longer or substantial uses likely would not qualify as fair use. Ultimately, whether a particular use qualifies as fair use depends on an evaluation of four factors:
- The purpose and character of the use
- The nature of the copyrighted work
- The amount and substantiality of the portion used
- The effect of the use upon the potential market for the copyrighted work
So if you only use a brief excerpt of a copyrighted video, song, or image in your own TikTok video, especially for purposes like commentary, your use may be protected under fair use. However, repurposing large portions of copyrighted content or using it for commercial purposes without permission would likely infringe copyrights. It’s best to err on the side of caution and get permission when reusing others’ content if possible.
Potential Risks
There are several potential risks associated with sharing someone else’s TikTok video without permission, including:
Copyright strikes – TikTok has a strict copyright policy and using someone else’s content without permission can result in your account receiving a copyright strike or being banned entirely. According to TikTok’s Terms of Service, “You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations.”
Loss of account – Repeated copyright strikes can lead to your TikTok account being suspended or banned permanently. Losing access to your account and followers is a serious consequence.
Legal action – In some cases, the original content creator may pursue formal legal action for copyright infringement if their content is re-shared extensively without permission. You could face hefty fines or other penalties.
As TikTok’s Community Guidelines state, it’s important to “respect other people’s rights” when using the platform. Obtaining permission first is the safest approach before sharing someone else’s content.
Ethical Considerations
When sharing someone else’s TikTok video, it’s important to consider the ethics of using and potentially profiting from another creator’s work without permission. According to https://www.igi-global.com/chapter/social-media-short-video-sharing-tiktok-application-and-ethics/274110, creators on the platform own the copyrights to their videos. Reposting or otherwise using that content without consent raises ethical issues around respecting creators’ intellectual property and work.
There is potential for misuse and abuse when sharing others’ content without permission. Even if meant innocently for entertainment, resharing could enable harassment, unauthorized advertising, or other exploitation of the original work. https://www.semanticscholar.org/paper/Social-Media-Short-Video-Sharing-TikTok-Application-Meral/a1650e343f1f43236210668a3951cb04996ee1e9 mentions how spreading content widely can increase risks of misuse by malicious actors. Ethically, obtaining creator consent shows respect and helps prevent misuse of their content.
Best Practices
When sharing someone else’s TikTok video, it’s important to follow best practices to avoid copyright infringement. Here are some guidelines:
Always credit the original creator by mentioning their @username in your post/caption. Link to their original video if possible. Doing this shows you are not trying to claim the content as your own.
Avoid re-posting the full video verbatim. Consider sharing just a snippet or screenshot instead. This limits potential copyright issues.
Ask permission first if you want to reuse a large portion of someone’s video. Many creators are happy to grant permission if properly credited.
Do not try to download or reupload someone else’s video to your own account, as this is a violation of TikTok’s Terms of Service.
When in doubt, share the original video’s URL instead of downloading, screen recording, or re-posting it. This ensures the original creator gets the views/credit.
Follow TikTok’s community guidelines and only share videos that are appropriate for your audience. Do not share private, offensive, or copyrighted content.
By following these best practices, you can properly give credit and minimize risks when sharing others’ TikTok videos.
Alternatives
There are ways to use and reference someone else’s TikTok video without directly sharing the full original video. Two common alternatives are providing commentary or creating reaction videos.
If you want to comment on, critique, or analyze someone else’s TikTok video, you can describe or summarize parts of the video, show short clips or screenshots with attribution, and provide your own thoughts without reposting the full TikTok. This allows you to reference the original content while creating new value through your own insights and opinions. You will still need to provide credit to the original creator.
Reaction videos are another option, where you film yourself reacting to and discussing someone else’s TikTok video. This allows you to share your genuine reactions and commentary on the video without directly reposting the full original. However, you still need to minimize how much of the original video is shown and ensure you are providing enough transformative new value. Proper attribution to the original creator is also required.
In both cases, adding commentary or analysis means you are not just duplicating the original content, which strengthens your fair use claim. However, you still need to judge carefully how much of the original to use and ensure you are creating substantive new value, not just repackaging the original.
Conclusion
In summary, while legally you are allowed to share someone else’s TikTok if it falls under fair use, there are risks involved if you do not obtain permission. The ethical considerations around sharing content you did not create are complex. While TikTok’s terms do not explicitly prohibit it, reproducing someone’s creative work in full without permission could be viewed as disrespectful. The safest approach is to only share snippets, give proper credit, or ask the creator for permission first. As social media users, we should aim to respect each other’s intellectual property and creative autonomy. Consider how you would feel if your own videos were shared without consent. When in doubt, create and post your own original content instead of repurposing others’ work.
The internet makes copying and sharing content extremely easy. However, as responsible users we should thoughtfully consider how our actions may affect others before mindlessly reposting their creative efforts. Obtain permission when possible, provide credit, link back, and only share a brief excerpt if you do not have explicit approval. While sharing a TikTok video may seem harmless on the surface, the ethical implications run much deeper.
