Understanding Social Media Copyright Laws: What You Need to Know

In today’s scroll-happy world, brands are under immense pressure to create content that’s not just good, but viral. That often means hopping on trending audio, sharing a popular meme, or reposting that perfectly on-brand image. But while social media feels fast and casual, copyright law says, Not so fast!

We’re going to break down what business owners and social media managers actually need to know about copyright on platforms like Instagram, TikTok, and X, and how to stay compliant without killing your creative flow.

Music: Can Your Business Use That Viral Song?

Spoiler alert! If you’re a business account using copyrighted music in a post, you’re likely violating copyright law.

For example, last year TikTok creators sued Crumbl Cookies for using their original songs in branded videos without permission.The lawsuit claimed Crumbl benefited from the music’s popularity to promote its products without licensing the rights or compensating the creators. 

Why This Matters:

• TikTok’s audio library is tricky. While personal accounts can often use trending sounds under TikTok’s licensing agreements, business accounts typically can’t.

• Instagram and TikTok have different rules for personal versus business use. And those differences could leave you legally exposed.

What Can You Do?

• Use royalty-free or licensed music libraries (like Epidemic Sound, Soundstripe, or TikTok’s Commercial Music Library).

• Collaborate with musicians and license their work directly.

• When in doubt, assume a trending audio isn’t safe for business use unless it’s marked as “available for commercial use.”

Memes, Images, and Viral Posts: Yes, Even “Dude With Sign” Can Sue You

Memes feel like they belong to the Internet. But that doesn’t mean you can use them freely!

For example, Seth Phillips (the man behind the viral “Dude With Sign” Instagram page) has become known for his cardboard protest memes. But when brands started reposting his images without permission, or Photoshopping their own messages onto his signs, his team cracked down. In some cases, brands received DMCA takedown requests or cease-and-decist letters.

Why This Matters:

• Just because something is viral doesn’t mean it’s free to use.

• Memes, photos, and tweets are protected as original works under copyright law.

• Editing or repurposing them for brand use (especially for ads) can cross into copyright infringement or even false endorsement.

Safe Meme Strategies for Brands:

• Create your own meme-style content from scratch (you can mimic formats, but not copy).

• Partner with creators to license their memes.

• Give credit and ask for permission (credit alone isn’t enough legally).

TL;DR Copyright Tips for Social Media Managers

• Don’t use trending audio on business accounts unless it’s licensed or marked for commercial use.

• Avoid reposting viral content unless you have permission.

• Memes are copyrighted. Treat them like any other intellectual property.

• Always credit creators (but know that credit does not equal permission).

• When in doubt, create your own original content or license what you love.

What You Can Do Today:

1. Audit your recent posts - especially Reels and TikToks - for unlicensed audio or meme content.

2. Educate your team (especially interns or junior content creators) on what’s legally safe.

3. Bookmark safe content sources like commercial music libraries and meme template databases.

4. Build relationships with creators whose style you love (you might be able to collaborate legally).

Need Help Navigating This Stuff?

At Media À La Carte, we help brands build viral, legally-safe social media content. Whether you need copyright-safe strategies, licensed content, or creator partnerships, we’ve got your back. Schedule a call with us today!