Social media has quickly become engrained in our society, both in the business world and in our personal lives, and the global pandemic has only amplified this impact. Businesses that have traditionally operated out of a physical store have sought to develop an online presence to reach consumers, and individuals have turned to social media to remain connected with friends and family. Whether through posts on an individual’s or company’s timeline or short-term posts, often called “stories,” people regularly share others’ content through social media platforms by sharing posts within a platform or by uploading copies of whatever they hope to share. Sharing content is as simple as a click of a button, but the implications of that click are not always so simple. Posting something that isn’t yours, like a picture of the page of a book, a piece of artwork, or a clip from one of your favorite videos could infringe on someone else’s copyright. This article focuses on a few relevant issues surrounding social media posts that used copyrighted material and outlines some best practices businesses and individuals can take to best avoid litigation.

What is copyright?

As a general matter, copyright is a form of intellectual property protection¹ that gives property rights to creators of artistic works, such as books, movies, photographs, or art. When someone creates something, they have rights over the work itself, as well as rights to reproduce and distribute the work. With the rise of...

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