Copyright and TikTok: A Guide for Creators 

What is Tiktok?

TikTok is a popular social media platform launched in 2016 by the Chinese company ByteDance, TikTok has quickly gained global popularity, especially among younger audiences. 

TikTok app enables users to film videos, apply various filters, and overlay music or sound clips from a vast library, encouraging creativity and self-expression. The platform has become a marketing tool for brands and influencers, facilitating collaborations and sponsorships. 

In this blog, we will provide expert insights on how copyright works within the TikTok ecosystem and what steps you can take to protect intellectual property while using the platform. Let’s understand:

1. What is Copyright?
2. What is Considered Copyright Infringement?
3. Examples of Copyright Infringement by TikTok users
4. Tik Tok Policies, Terms of Use and Community Guidelines
5. How to Report Copyright Infringement on TikTok
6. Types of Reports TikTok Won’t Accept
7. Intellectual Property Infringement Complaint Process

What is copyright?

• Legal right given to the owner of an original work
• Benefit for the copyright owner is the ability to prevent others from exploiting the work without permission.
• Example: If you are the song writer then the copyright prevents others from performing or selling it without your consent.

Copyright is the legal right to protect an original work of authorship and to prevent others from using that work without the consent of the copyright owner. Works that may be protected by copyright include graphics, drawings, photographs, videos, text and songs.

What is Considered Copyright Infringement?

• Copyrighted work is reproduced, distributed, performed or made into a derivative work without copyright owner’s permission
• Example: Reposting copyrighted content of other users on TikTok without proper authorization or a valid reason

If you are using someone else's copyrighted work without permission or valid legal reasons then you could be infringing on their copyright. Copyright infringement examples are:

1. using copyrighted work to describe any products or services without the copyright holder's permission; 
2. including copyrighted information in a product listing without the permission of the copyright owner; 
3. reproducing copyrighted information in uploaded products without permission from the copyright owners or in violation of a legislation.

Here are some common examples of copyright infringement by Tik Tok users

1. Uploading trademarked or copyrighted content without prior authorisation
2. Using a brand's trademarked product photo to advertise a product without any direct connection to that brand
3. Re-posting other users' copyrighted content

Tik Tok’s Policies

1. Tiktok’s Policy on Account and User Safety

According to the Copyright section under the Account and User safety of Tiktok. “Uploading, distributing, or transmitting any content that violates or infringes on another party's copyright, trademark, or other intellectual property (IP) rights are prohibited. 

This involves using another person's copyrighted content without sufficient license or for legally justifiable reasons.  There are certain circumstances where you might have the legal right to use someone else's copyrighted material without their permission.

This includes fair use and copyright exceptions, like quotation, criticism, and/or review of copyrighted content.

2. Tik Tok’s Terms of Service

Under the Terms of Service, Section 6 Intellectual Property Rights:

“We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other
intellectual property rights”.

3. Tik Tok’s Community Guidelines

As per the guidelines, Everyone who joins TikTok is free to share content on their platform. However, when Tiktok finds any content that breaks the rules, whether it's public or private, TikTiok reserves the right to remove such content.

TikTok Copyright Infringement Policy

Below are five essential aspects concerning TikTok's position on copyright infringement:

(a) User Responsibility:

Users are accountable for ensuring they possess the required rights to any content they upload, such as music and videos, and for any copyright violations.

(b) Content Removal:

TikTok maintains the right to eliminate or restrict access to content that violates copyright or intellectual property laws.

(c) Account Termination:

TikTok underscores its dedication to safeguarding intellectual property by allowing account termination for repeated violations.

(d) Licensing Agreements:

TikTok holds licensing agreements that provide users with access to a library of licensed music for their videos, thereby minimizing the risk of infringement.

(e) Reporting Mechanism:

Users have the ability to report copyright violations, and TikTok implements reasonable measures to quickly eliminate infringing content.

The DMCA and Tik Tok

The Digital Millennium Copyright Act (DMCA). Simply put, if an online platform allows users to provide content that infringes on copyrights, the platform is exempt from liability if it helps to remove the content!

How to Report Copyright Infringement on Tik Tok?

1. Users can report through the TikTok Shop Intellectual Property Protection Centre (IPPC) by submitting IPR infringement reports.
2. If you are unable to access IPPC, you can report infringement online via the TikTok Shop IPR reporting page.

Types of Intellectual Property Infringement Reports that may not be accepted by TikTok Shop

Third-party goods or services, distribution agreements, and price controls are among the categories of IPR
infringement reports that the platform may not accept. For example, the Platform will not accept complaints of counterfeit goods if the price of the goods is less than the Manufacturer's Suggested Retail Price (MSRP) or Minimum Advertised Price (MAP).

If you notify Tiktok of a trademark, patent, or design infringement, your trademark, patent, or design must be protected in the nation where you filed the complaint. For instance, your application will be denied if you file a report in Japan to have a posted item removed despite having a trademark that is only registered in the United States. 

Intellectual Property Infringement Complaint Process

It is important to provide the following in your notice of objection: 

• Contact Information - Please include your full name (for people) or a copy of your company registration certificate (for companies), as well as your address, email address, and phone number. Also, include a declaration stating that you agree to be subject to the legal jurisdiction of the country in which the Platform is based and that you are prepared to accept the Claimant's Proceedings in accordance with the Platform's processes (if applicable).
• Explanation of Description: Clearly state the actual facts about the items and/or content that has been removed (or prohibited access to).
• Proof of your Intellectual Property Rights or Authorization: provide a certificate of registration for your intellectual property rights or any applicable supporting papers provided by the appropriate authorities. If you do not own the intellectual property rights, please submit an authorization document signed or stamped by the owner to demonstrate that you have the legal right to utilize the intellectual property rights.

*Please note: If you intentionally lie, such as by claiming that an item or activity does not infringe someone else's intellectual property rights, or that it was removed because of a mistake, then you may be liable for damages caused to the TikTok Shop and its related companies, including compensation for damages and payment of legal fees. So, if you're not sure if something is infringing or if it was removed because of a mistake, we recommend that you consult a lawyer first.