Social media video use by big brands (facebook)

'Is it legal', 'can I do this' type questions and discussions.
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BG7
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Social media video use by big brands (facebook)

Post by BG7 »

Hi all,

I have a question regarding the use of my Instagram video content on Facebook by big national clothing brands.

My content has been frequently used over the past 12-24 months by some very big clothing brands in the UK. My assumption is these may be monetised with ad revenue and some have over 1 million views.

Some of the videos also have links in the descriptions sending them to the clothing brands website.

Most of the videos are credited with my username, but I have not given these brands permission to take my content. My content isn't even clothing-related.

The other issue is, I also want to post these videos to Facebook as I have never shared them there yet, but these companies have shared my content to Facebook platform before I decide to share them to the platform first.

Can anyone help me understand where I stand with this one, are they legally allowed to use my content in this way?
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AndyJ
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Re: Social media video use by big brands (facebook)

Post by AndyJ »

Hi BG7,

Assuming that all your video was shot by you then you own the copyright in it, irrespective of what features in the video, for instance items from the clothing brands. You do not need their permission to show their products within your videos, but they do need your permission to use your copyright content. It doesn't really matter if they are monetising the conent or not, although obviously it is more annoying for you if they are. Generally speaking they won't be doing this just for fun but because it helps advertise their products or at least promotes brand awareness.

You can certainly complain to them and ask them either to stop, or to pay you a reasonable fee for using your work. As your channel is not specifically about clothing, I suspect they won't want to pay you to promote their products.

While it is pretty common practice to share other people's content on social media, this doesn't make it lawful, and the big companies should know this. However they tend to do it first and apologise later. If you feel particularly aggrieved you can contact Facebook and get any of your content which you have not authorised removed.

I also suggest that you tag your content with a copyright notice, for example © BG7 2022. This will advertise the fact that you care about your intellectual property rights.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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