Social media has integrated itself into day-to-day life, revolutionising communication and business interactions on a global scale with its easy and fast communication. For businesses, social media acts as a dynamic platform to post photos and share real-time updates. It allows them to promote their products and target marketing at individuals by following the latest trends.
However, intellectual property (IP) law has become increasingly complex for protecting the rights of businesses online. Consequently, it is important they understand how to safeguard their rights and assets online.
How Social Media Interacts with IP Law
Social media manifests into many forms, from networking to blogs. Each has its own strengths tailored to help businesses grow and target audiences. For instance, Instagram emphasises visual content, whilst LinkedIn focuses on connecting professionals. However, alongside its benefits, social media platforms present multiple challenges concerning IP Law:
Copyright Infringement
Copyright protects individuals’ work from being used without permission. Social media consists mainly of individually created content. This content may infringe on others’ copyrights, either intentionally or accidentally. As a result, platforms have their own mechanisms to report copyright infringement, for instance Instagram’s Copyright Help Centre. These tools help to govern what sometimes feels like a “lawless” realm and emphasise the existence of IP rights online.
Trademark Problems
Under the Trade Marks Act 1994, trademarks protect distinguishable designs which represent businesses and their goods or services. When businesses promote their brands and products online, this opens the opportunity for trademark infringement. Though it is difficult to pinpoint a trademark infringement where in 2023, 4.9 billion people used social media worldwide, it is important for companies to create a monitoring strategy for their social media platforms to ensure their trademarks are not being used unauthorised.
User-generated Content
Social media thrives through contributions by laypeople to share information on a business’ social media platform. This helps businesses connect with their target audience and build brand awareness. Yet, leveraging user-generated content risks infringement of IP rights when using content created by another and sharing it as one’s own. Hence, moderating content and creating terms and conditions are essential to manage risk.
A Benefit or a Burden?
There are numerous ways social media, IP rights and businesses interact. Utilising the capabilities of social media can be incredibly beneficial for individuals and businesses to develop their brand and reach a broader audience. Social media is here to stay, emphasising the importance for businesses to strike a balance between innovation and compliance. It is important to be wary of its complications and seek advice and support when needed.
By Ava Edwards, a student at Southampton University.
