Is there copyright in TikTok?

Is there copyright in TikTok?

As a starting point, we must take into account the importance of the TikTok application, which currently has 800 million active users per month worldwide, making it the fourth most active application in the world as of mid-2020, ahead of only the big players such as WhatsApp, Facebook and Instagram.

The massive use of this has created the need to give answers about the content that is created within the application and the use of existing works and their repercussions in the legal world. But first, we will briefly explain what the Trendy App is and how it works.

What is TikTok and how does it work?

TikTok is an Application that allows users to record, edit and share videos from 15 seconds to 3 minutes. In these videos, you can use wallpapers, sound effects, filters and even music.

To start using this application you only need to download it to your mobile device or tablet and you will be able to access the uploaded videos without the need to create a profile. In case you want to publish, you will need to register and create a profile.

As mentioned before, the phenomenon of this application is global with millions of users, which has led companies to move part of their marketing and advertising campaigns to this social network; we can find well-known names such as: Washington Post, FIDA of the United Nations, Guess, Adidas and even Nike.

Is there copyright in TikTok?

First of all, it is of vital importance to differentiate between the protection offered by copyright and author’s right; author’s right recognises that a work belongs to a specific natural person with the moral rights inherent to the work, whereas copyright reflects that the rights are reserved, thus being a protection of economic rights.

Having clarified the difference between the two concepts we understand that the answer to the question of whether there is copyright and/or copyright is yes; although TikTok may use your content for commercial purposes the author of the video is the owner and copyright holder of each video that is published on the platform.

TikTok in their terms and conditions make special mention for more than 11 times of copyright and the prohibition of uploading any material to the application that may infringe copyright. They also require users to offer a free licence so that other users can download their content without any problem.

What about the songs used in the videos?

The music that is available on the platform is legal to use, so it can be used in the videos as TikTok pays the license fee to have a library of music available without legal problems.

This application uses the same method that we could find on YouTube, podcasts, radios and other stations.

How do I avoid copyright infringement on TikTok?

If you think you are going to post a video that contains content that may infringe copyright, get the creator’s consent.

We recommend to avoid problems:

• Use public works.
• Mention the work you are inspired by.
• Respect the content of other creators.
• To the greatest extent possible, avoid using content that you are unsure whether or not it infringes the rights of the creators.