You Can’t Just Repost That
Stop the Rampant Content Theft on Social Media
Every day, brands and “theme” pages are committing copyright infringement on Instagram and TikTok—and most of them don’t even realize it.
Or worse: they know, and they do it anyway.
If you’re running a business account and you’ve ever downloaded someone else’s video or photo and re-uploaded it as your own without permission—you’re legally exposed.
Not a little. A lot.
And btw… a tag or “credit to creator” won’t save you.
Let’s break it down:
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Public =⁉️ Free to Use? Nope.
Just because content is visible on the internet doesn’t mean it’s public domain.
When someone posts a video, photo, meme, or thread, they own the copyright to it the moment it’s written down/filmed/created (aka the instant it’s “fixed in a tangible medium”).
Copyright ownership rights attach instantaneously and automatically.
Even if you don’t see © on their post/content/page.
The creator of the video or the photographer or the graphic designer own the copyright unless and until they agree to transfer it over to someone else (for example, via a copyright assignment or licensee).
Their ownership rights don’t vanish just because you found it on your Explore page.
Downloading their content, uploading it to your own account, and claiming or implying that it’s yours—without permission—is textbook copyright infringement.
Yes, even if you tag them.
Yes, even if you say “credit to @theoriginalcreator.”
Yes, even if you say “no copyright infringement intended.”
Credit is not a license.
And “but we didn’t profit from it” is not a defense.
Neither is “oops we didn’t know that was copyright infringement.”
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Credit Without Consent Is Still Infringement
The most common defense brands give is: “We tagged them!”
Great. You acknowledged the person you took it from.
That’s ethically better than nothing (maybe)… but legally?
It’s worthless.
You still copied, reproduced, and distributed their content without authorization.
Imagine printing a famous photographer’s photo in a magazine without asking—but adding their name at the bottom. You would still get sued.
Social media isn’t a loophole. It’s just more public.
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What Counts As Safe Reposting?
For context — you’re allowed to use platform native built-in sharing tools (like TikTok’s Repost).
These do not violate copyright because these tools only work when the creator has opted in to allow their content to be reposted via the feature.
But just because a creator has an allowed a native repost feature on their account or posts… that is not permission to actually download their content off the platform and then re-upload their content to your account. That’s just theft.
As an example, you are allowed to retweet something from X — but if you screenshot someone’s tweet and then upload the screenshot to Instagram… illegal.
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Repost Culture Isn’t a Defense Either
“But everyone does it.”
So did Napster. So did LimeWire. So did early YouTube.
And all of them got hit with copyright litigation that changed the industry.
Just because copying is normalized doesn’t mean it’s legal.
If anything, the bigger your account, the worse it looks.
You’re not just stealing content for fun—you’re monetizing engagement, views, brand value.
You are building an audience off someone else’s IP.
That’s legally actionable.
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Fair Use? Probably Not.
Fair use is not a get-out-of-jail-free card. It covers things like criticism, commentary, education, and parody—not “vibes.”
If you stole an entire TikTok video just because it was funny, inspiring, or on-brand for your theme page—that’s not fair use.
It’s duplication. Not transformation.
You can’t claim fair use just because your caption added a joke.
That’s not how the doctrine works.
P.S. Fair use is a defense (that means you’re admitting to it). It’s like murdering someone and claiming self-defense… you better hope the judge believes you.
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Legal Consequences Are Real (And Getting Worse)
Photographers, videographers, and creators are getting aggressive.
They’re tracking reposts, issuing DMCA takedowns, and filing lawsuits.
A single re-uploaded image can lead to statutory damages of up to $150,000 under U.S. copyright law if the infringement was willful.
Theme pages have been sued.
Influencers have been sued.
Celebrities have been sued.
Even brands with in-house legal teams have paid to settle these cases.
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If You’re a Brand, You’re Held to a Higher Standard
Theme pages can sometimes fly under the radar.
Brands can’t.
When you post someone else’s content without permission, you’re not just violating copyright laws… you could also be misleading consumers and breaking platform rules.
This isn’t “content strategy.”
It’s a litigation magnet.
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What to Do Instead
Get Permission: Ask the creator. Get it in writing.
Use Official Tools: Use platform-native repost features that preserve original authorship.
Pay for a License: If it’s good enough to repost, it’s good enough to pay for.
Create Your Own Content: It’s the only way to be sure you’re not stealing someone else’s work.
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Final Thought
If your brand’s social media strategy depends on posting stolen content without permission, you’re not running a marketing campaign.
You’re running an IP liability factory.
And sooner or later, someone is going to send the invoice.
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