Posting copyrighted content online without permission can put you at risk of legal consequences. However, there are some limited exceptions that allow you to use copyrighted materials legally. In the opening paragraphs, we’ll provide a quick overview of copyright law and fair use as it pertains to posting online.
What is copyright?
Copyright is a form of protection provided to authors and creators of original works, including books, songs, films, artwork, and more. The copyright holder has the exclusive right to reproduce, distribute, publicly perform, publicly display, and create derivative works from their original creation for a limited period of time.
When a work is protected by copyright, it means you generally need permission from the copyright holder to use or reproduce substantial portions of it. Posting copyrighted content publicly online without permission constitutes copyright infringement.
What is fair use?
Fair use is an exception to copyright law that allows limited use of copyrighted material without requiring permission in certain circumstances. To determine if a particular use qualifies as fair use, courts consider these four factors:
- The purpose and character of the use (e.g. non-profit, educational, transformative)
- The nature of the copyrighted work
- The amount and substantiality used
- The potential market effect on the original work
Fair use presents a narrow but important exception to posting copyrighted content online. Certain uses like parody, commentary, criticism, news reporting, research, and education may qualify as fair use if they meet the criteria above.
Do I need permission to post copyrighted content online?
In most cases, yes – you need direct permission from the copyright holder to post substantial portions of their work online. Here are some examples that would require licensing or permission:
- Uploading a PDF version of a book you don’t have rights to
- Posting a full movie or TV show episode
- Including an entire music album or song
- Publishing an artist’s complete photograph or artwork
Unless your use qualifies as fair use, you should obtain permission before disseminating copyrighted materials through websites, social media, blogs, apps, or other online platforms.
How do I get permission to use copyrighted content online?
If you want to post copyrighted materials beyond fair use limits, you’ll need to get in touch with the copyright holder to request authorization. Here are some tips on securing permissions:
- Identify the current copyright holder – this may be the creator or someone who obtained the rights
- Find contact information to reach the copyright holder
- Send a formal request explaining how you intend to use the work and the context of your online posting
- Specify the portions you want to reproduce and how or where they will be posted
- Discuss any potential fees – the copyright owner may charge you a royalty or license fee
- Get permission in writing before using the work and keep documentation
Rights holders may have specific processes to facilitate permission requests, so be sure to follow any guidelines provided.
What are the risks of posting copyrighted content without permission?
There can be serious consequences for using copyright-protected materials online without authorization from the rights holder. Potential civil and criminal penalties include:
- Infringement lawsuit – copyright holders can sue for substantial damages, attorney fees, and court costs
- Injunction ordering removal of infringing content
- Fines up to $150,000 per work infringed
- Jail time up to 5 years for willful criminal copyright infringement
- Loss of social media account or website hosting
- Removal of infringing posts or full website by host per DMCA notice
These penalties apply even if you’re not making money from the infringing content. Unauthorized use takes revenue away from copyright holders and risks their creative livelihood and incentives.
How can I legally use copyrighted material online?
There are a few key ways to legally incorporate copyrighted content into your online posting:
- Fair use – Only use small portions of materials for purposes like commentary, criticism, parody, news, education, etc. Analyze the fair use factors.
- Public domain – Use works whose copyrights have expired (eg. early films) or that were federally funded.
- Creative Commons – Source content licensed by creators for reuse and adaptation.
- Permission – Reproduce materials after securing authorization from the copyright holder.
- Linking – Link to copyrighted content hosted on other sites instead of uploading it.
Staying within these bounds allows you legally leverage copyrighted materials for your online activities without infringement risk.
What about material I find online – can I post it?
Just because something is available on the internet doesn’t mean it’s in the public domain or free for reuse. Copyrighted works often get posted without authorization. Be cautious about reposting materials found randomly online, which could still expose you to infringement liability.
Try to verify the source and copyright status of online material before disseminating it. Search for license information, review site terms of use, or contact the apparent owner. Using content without sufficient rights can lead to DMCA takedowns or legal disputes even if you weren’t the original uploader.
How can I avoid infringing copyright through social media posts?
Social media complicates copyright due to its ease of sharing. But the same rules apply on sites like Facebook, Twitter, Instagram, TikTok, and YouTube.
To stay safe:
- Only upload short portions of materials for commentary purposes.
- Link to full copyrighted works rather than posting outright.
- Credit authors/creators and provide links back if possible.
- Don’t re-post viral photos, videos, songs, etc without verifying rights.
- Read platform guidelines – some detail specific copyright policies.
Infringing posts can lead to account suspension or termination in addition to standard legal consequences.
What constitutes copyright infringement vs inspiration?
Copyright protects specific expressions, not underlying ideas and concepts. This means you can be inspired by copyrighted works without infringing:
| Infringement | Inspiration |
|---|---|
| Reproducing large portions of a novel verbatim | Writing a story inspired by themes and characters |
| Performing and distributing an entire copyrighted song | Composing a new piece in the style of your favorite musician |
| Making and selling copies of an artist’s painting | Creating your own original paintings reflecting an influential style |
As long as you don’t closely imitate protected expression, you have creative latitude to work within genres, styles, techniques, concepts, and ideas originated by others.
Do I need permission to embed social media posts or videos?
Most social platforms allow basic embedding of content through their provided tools. For example, you can embed a tweet or public Instagram photo into your website using Twitter and Instagram widgets without needing additional permission.
However, policies vary by site, so check the platform’s guidelines. Private content and videos hosted on sites like YouTube or Vimeo typically can’t be embedded without permission from the rights holder.
When is it acceptable to share news content online?
Copyright protections still apply to news articles and reports from media outlets. However, you can briefly quote limited passages under fair use for purposes like commentary and criticism. Generally try to:
- Keep quotes short – a paragraph or two maximum
- Only use what is necessary to support your discussion
- Link back to the full article
- Credit the publication and author
Avoid reposting full-text news stories in blogs or social media updates without permission. News headline and small snippet excerpts are safer when aggregated under fair use.
Can I use copyrighted materials if I’m not making money?
Whether you profit from using copyrighted content does not necessarily determine if it’s infringement. Non-commercial uses like nonprofit websites, classroom activities, and fan sites can still infringe copyrights and be subject to civil penalties and takedown demands.
However, non-profit status can positively influence one of the fair use factors. Be careful not to assume that unpaid use alone exempts you from licensing requirements if you go beyond fair use limits.
Summary
Posting copyrighted materials online carries risks unless handled carefully. While exceptions like fair use allow some limited uses, you generally need direct permission from rights holders to share substantial portions of protected works. Identify the owner, request authorization where required, credit creators, link back to originals, and comply with platform terms to stay within the law.