We’ll be the first to admit that the social media landscape is still in its Wild West Era. There aren’t a lot of rules or regulations right now (besides IP law), and many creators dive into content creation without an idea of what rules are in place. And, as we just said, there aren’t a ton. Every platform will have its community guidelines sure, but legally there are still a lot of grey areas.
Which has led to some very good creators getting hit with lawsuits. We don’t want you to be one of them! In today’s article, we’ll be going over some common legal pitfalls new creators run into, including IP law, disclaimers, and defamation.
Disclaimer ⚠️
We are not lawyers, and therefore this is not professional legal advice. This is general information to help you understand copyright and IP law pertaining to social media. For actual legal advice, please speak with a lawyer directly.
Community Guidelines 📑
It’s unlikely you’ll get sued for breaking community guidelines but never say never. When you join a new platform, spend some time reading their community guidelines so you don’t break any of their rules.
IP Law and Copyright ⚖️
This is where a lot of creators run into issues. Intellectual Property (IP) and copyright laws protect original creations—like music, videos, images, and written work—from being used without permission. For social media creators, these laws mean that any content created by others (including music, clips, and visuals) generally requires a license or permission for legal use, helping to prevent unauthorized sharing and protecting the creator’s rights.
What does this mean for creators? It means if you use someone else’s media without their permission or in a way that violates IP laws or copyright, they can have your video taken down. Or, even worse, they could take legal action against you. The good news is that most of the content you create will probably fall under fair use. Fair use allows for limited use of copyrighted materials without permission, primarily for commentary, criticism, education, and parody. Creators can take small portions of copyrighted content to use in their videos. There’s some extra information that might help you navigate using other media in your videos.
Music 🎶
If they are listed on the platform with the correct album cover, artist name, and song title, the platform itself has gotten permission and licensing from the label. You are cleared to use these in your content. It’s also recommended that you use clips under thirty seconds or a minute long. If you notice, most apps only have popular music listed in these time frames! You can also use music from a stock or copyright-free music library.
Images and Videos 🖼️
Try to stick to images or videos you’ve taken, stock images/videos, or images/videos in the public domain. If you can’t find what you need there, ask the owner for permission. Most sources will be satisfied if you clearly give them credit, either in the caption or the video itself. This can look like “Photo by Jane Smith, The New York Times, March 3, 2024” or “Photo by John Doe on Unsplash”. Even better if you can @ the source!
Disclose Sponsorships 💸
In the US, you are required by the FTC to clearly label sponsored posts with “Ad”, “Sponsored”, or “Paid Partnership“. This tells viewers that there is some kind of monetary compensation for this video and prevents them from being misled. It removes the rose-colored-influencer glasses viewers might have on. They may react differently knowing a video is actually an ad.
We recommend clearly stating, either at the start of your caption or in your video. It doesn’t have to be a huge callout or take up a chunk of the screen: just text big enough and in a good enough spot that any viewer could see it.
Avoid Defamation 🤬
Defamation is the act of communicating false information about someone to a third party that harms their reputation. The statement must be stated as fact, not an opinion, and must harm their reputation, finances, or well-being. You can avoid defamation in a few easy ways.
- Do not spread misinformation about people you do not have reliable sources to prove your point.
- Clearly state that the information you’re sharing is your opinion or alleged. Unless you have a source saying it is a verified fact, it is alleged or your opinion.
The easiest way to avoid defamation is to not talk negatively about anyone…but that’s not always possible. Just be clear that you’re stating your opinion or others have already alleged this. Depending on what you say and about how defamation is one of the fastest ways to get sued.
Which is sad, considering it’s the easiest to avoid.
Share Disclaimers 🚨
Disclaimers are essential for creators sharing knowledge in areas with potential risks or liabilities. Especially if you’re giving advice or telling people how to do something. Otherwise, viewers might interpret their content as professional advice and follow it unquestioningly. Including disclaimers in your content can protect you from legal action, like liability for damages, professional negligence claims, and false advertising.
You’ll want to include disclaimers on any content about the following:
- Health and fitness content providing wellness, diet, or exercise advice. Clarify that the information is not medical advice and that viewers should consult a professional.
- Financial and investment content discussing financial tips or investment advice. Emphasize that this content is informational and that viewers should consult a financial advisor.
- Legal content discussing legal topics or giving general legal information. Remind viewers that this content isn’t providing specific legal advice and recommend they contact a lawyer for all legal matters.
- Educational content in fields like psychology, teaching, or self-help. Clarify that the information is educational and not a substitute for professional services.
- DIY and home improvement content may need disclaimers. Emphasize that projects carry certain risks and that viewers should ensure their own safety and compliance with local regulations.
These disclaimers don’t have to be long or full of legal jargon. Scroll back up to the top of this article for a second. See how we said we aren’t legal professionals and that you should seek actual legal advice instead of just listening to us? That can work as a disclaimer and is all most creators need.
A Quick Fix ✅
If you can, set up a business account on your chosen platforms. The platform will automatically filter out some things that may fall into a legal gray area. Famously, they limit business accounts’ access to music in their library, as businesses can’t run ads using copyrighted music. They even give you the option to mark a post as sponsored and will flag dangerous content or potential misinformation.
Platforms have evolved a lot to help you create content without getting sued, but it’s best to take your own precautions. This introductory guide will help you avoid a few lawsuits! A good rule of thumb is to be cautious, don’t be afraid to google something, and when in doubt, just take it out.