Since 2016, TikTok has grown to be a popular platform for viral content creation. TikTok allows short-form video posts and encourages users to engage with the videos. The software then attempts to personalise each user’s experience by showing them videos like those they have enjoyed in the past. The app enables users to upload short videos, share lifestyle, dance, sing along / lip-sync, and do pretty much whatever one can fit into a 15 second video additionally, the it allows you to add your sounds and music into the background, as well as giving you a ton of effects and filters to play with.
IP and copyright on TikTok is quite interesting for a few reasons. On the one hand, it also encourages collaboration between creators, for example, stitches, sounds and duets, which allows users to reuse other creators’ content without any issues. On the other hand, improper use of copyrighted material seems to fly under the radar relatively easily as seen in the past, eg. where users post visual/audio recordings of copyrighted material as part of their video (including recordings of a tv or laptop screen).
A quick recap on Copyright
Copyright law protects works of authorship. Specifically, copyrights can protect original works of authorship that are fixed in a tangible medium. Almost all of the components that make up a short-form video posted on TikTok are protected by copyright. For example, the music, sounds, dances, and choreography utilised in a video are subject to copyright protection.
In the music industry, there are a two types of copyrights:
Composition copyrights: This refers to protection of the music and lyrics of a song.
Sound recording copyrights: This refers to a particular recorded version of a song.
The artists and/or labels are usually the owners of songs, and no one can use their works unless they have been given previous authorization. Without authorisation, the use of a song is illegal.
For more details on what copyright is here.
The Challenges
TikTok is a UGC (User generated content) platform similar to YouTube which gives rise to many copyright challenges such as where creators add music to their content without notifying the copyright owners or seeking the appropriate permissions and adequately acknowledging the original source and owner. Direct infringement may be committed when a TikTok user enjoys a copyright holder’s content enough to create their own video using some of the same aspects as the original user. This could include using the same choreography, music, or text as the user in the original post. With YouTube, this often results in rights holders requesting that a creator delete their video; sometimes, it even leads to the suspension or cancellation of an account. However this differs for TikTok as the platform does not automatically block or take down copyrighted material but after facing a number of lawsuits from bigger companies in the industry, TikTok was forced to engineer a solution.
The Solution
The company was able to reach several short-term agreements with major record labels such as Sony Music Entertainment, Warner Music, and Universal Music Group and most indie distributors have followed suit. The partnership agreements were mutually beneficial and Labels and distributors agreed to adding their products to the app’s music library for promotion, while TikTok makes sure that rights owners receive proper compensation. However, as TikTok was not originally built around monetization, video creators do not get any income from their videos using copyrighted music but TikTok maintains a music library for end-users to choose from, and artists get discovered and streamed worldwide as the full versions of the songs would be found of the distribution platforms. A win-win so to speak.
In Summary
TikTok’s agreements with major labels allow them to have music within the app available to end-users.
Each time a song is used and played, the owner of the rights receives the royalties, not the creator of the video or TikTok.
As a creator, you won’t receive a copyright notice. Your video won’t be deleted, and your account will not be banned as long as you use the in-app library (more on this in a moment).
TikTok also launched SoundOn, a distribution option for creators and a possible solution for royalty collection.
How to report a copyright infringement to TikTok
TikTok allows users to repost any content they want. If the reposted content is infringed, it would only get taken down by the platform when the copyright owners directly ask it to be taken down. As mentioned above, TikTok is not actively looking for copyright infringed videos. It is up to the users and brands to look for the infringed content themselves and report it to the platform.
Here are the steps to report a copyright infringement to TikTok:
1. Open up the copyright infringement form found on the platform
2. Enter your basic information
3. Provide copyright ownership proof
Ideally, the copyright owner will be required to upload documents to show proof of authority like a certificate license agreement. You can also submit screenshots of the original content. In case your counterfeit products are being sold on TikTok, you can share screenshots of the original product listings.
4. Provide details about the copyright infringed content on TikTok
5. Agree to the terms and submit the form
If TikTok accepts your form, the infringed content will eventually get taken down and even the user’s account may even get suspended. In case TikTok rejects your copyright claim, you can still re-submit the form with more information.
A guide to avoiding copyright issues on TikTok
If you’re an artist or have legal rights over intellectual property and want to create content on TikTok, you should be aware of the following:
TikTok does not offer copyright protection. You must already have the rights to your work to be added to their library and have a digital music distributor.
It’s your responsibility to let your distributor or record label know before deciding to add your music to TikTok’s library.
For most distributors, you’ll need to submit a form for your music to be available on TikTok. Same if you want it removed.
In case you also create content on TikTok, you don’t need to do all the procedures to get your music on the platform. You can just upload it yourself.
It is recommended, if you find someone using your music without your permission, to contact the user and ask them to delete the content. But you can also file a report.
As a creator, the best way to avoid copyright issues with your content is to make sure you follow these guidelines when uploading a new video:
Make sure you only select music from the in-app library. Uploading a song from your phone may result in copyright infringement (unless you have the creator’s authorization).
Avoid recording music playing in the background. Audio from radio, TV, or other sources. If the song you want is available in the app, choose it from there instead.
Some songs are not available in certain countries. You should be careful about this. Don’t try to upload it yourself, claiming TikTok has an agreement with the artist.
Now for business accounts, consider this:
With verified businesses and brands, this works a little bit differently because they are offered a commercial music library, which diverges from the one for creators. It only suggests sounds that are licensed for commercial use.
If you have the approval to use a song that is not in the commercial library, you can upload it from another source. But be aware you will need to prove that you’re authorised to use it. (Source: https://twostorymelody.com/tiktok-music-copyright/)
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