2022/05/26 copyright©️ GOLD KEEN INTELLECTUAL PROPERTY OFFICE
The trend of short video and audio has spread rapidly, and it has quickly become an irresistible trend by grasping the traffic dividend. Many brand owners or individuals have joined the craze, and various platforms are paying more and more attention to short video and video. At the same time, more and more people will repost, share or download other people's short videos to their own community accounts, or adapt other people's short videos before publishing them. Does such cross-platform reprinting and sharing have derivative copyright infringement issues? Taking TikTok as an example, Jinrui will share with you relevant knowledge about the copyright of TikTok short videos, so hurry up and bookmark and read this article to avoid stepping on the copyright mine.
1. Ownership of TikTok Short Video Copyright
First of all, TikTok is a social media platform that allows users to share short videos created by themselves, but the copyright (copyright) of these short videos still belongs to the creator or owner. Note! The TikTok platform itself provides a lot of music and materials for users to use. These music and materials are usually authorized by singers or companies to TikTok, so that users can use and create their own short videos on the TikTok platform. However, these music and materials The copyright still belongs to its author or owner. When using, we still have to abide by the relevant copyright laws and regulations, so as not to infringe the copyright of others.
2. Will reposting or adapting TikTok short videos infringe copyright?
Before we talk about infringement, we must first understand: Whether it is a random recording or post-production editing, there is a core point in judging whether a work is protected by copyright: "It must be independently created and creative", that is, the work cannot be plagiarized , Plagiarism or tampering with others must be created by the author himself.
As mentioned earlier, the short videos on the TikTok platform belong to their respective creators. Usually, without the authorization of the original video author, reprinting or adapting TikTok short videos may infringe the copyright of others. At the same time, the TikTok platform also has copyright-related usage conditions and regulations. Once copyright infringement is found, it may encounter account bans or other criminal liabilities. Jin Rui suggested that, whether it is commercial or non-commercial, before reprinting or adapting other people's short videos, you should first try to contact the original author to obtain their authorization.
※Note: The current copyright law adopts the principle of creation protection, that is, the copyright is enjoyed immediately when the work is completed, and the application for copyright registration is not required for the acquisition of rights.
3. Can TikTok platform music be used across platforms?
The TikTok platform provides a wealth of music resources for users to use, including copyrighted music, royalty-free music, and original music.
If the short video created by the user uses royalty-free music on the TikTok platform and complies with the relevant terms and restrictions of the TikTok platform, then in theory, the user will not be involved in copyright infringement when sharing it on other platforms. But still need to pay attention:
- Different social platforms may have different regulations on the use of music, and we still need to make specific judgments based on specific circumstances.
- We need to ensure that we are using royalty-free music from the TikTok platform. If you use other copyrighted music, you need to obtain relevant authorization before using it.
※Note:
- Copyrighted music: Authorized and copyrighted music requires payment of copyright fees before it can be used. Many copyrighted music are also available on the TikTok platform for users to use, including well-known songs and albums.
- Royalty-free music: Music that does not require payment of copyright fees and can be used for free. The TikTok platform has provided some royalty-free music for users to use.
- Original music: music created by yourself or by users on the TikTok platform.
4. More questions about TIKTOK
Q1. Can I repost other people's TikTok videos to my social media account?
A. TikTok's user agreement clearly prohibits unauthorized reprinting, modification, and publishing of other users' content. If you want to repost other people's TikTok videos, it is recommended to obtain the original author's authorization first, or follow the TikTok community guidelines to avoid infringement disputes.
Q2. What should I do if I receive an infringement notice after forwarding someone else's TikTok video?
A. When receiving the infringement notice, please stop the infringement immediately and respond to the infringement notice, such as deleting the content of the infringing video, etc., and respond accordingly to the appeal of the infringement notice letter, so as to reach a settlement between the two parties.
Q3. Can videos on the TikTok platform be forwarded to other social platforms?
A: Yes, you can use the sharing function in the app of the TikTok platform to share the video on other social media. Before reposting, you must ensure that you abide by the terms of use and regulations of the social media platform when reposting the video, so as not to violate the platform regulations.
Q4. What can I do if I find that my video has been infringed?
A. When found to be infringed, Jinrui reminds: Do not contact the infringer directly!
No matter what the final appeal is, Jinrui recommends the correct way to open it:
No.1 Silently collect evidence for notarization
No.2 Send a letter of deposit or a lawyer's letter
No.3 Reconciliation, Whistleblowing or Litigation
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