Social media is where creativity thrives, whether you’re sharing a photo, a funny tweet, or a personal story. But what happens when someone else uses your post in an advertisement for their business without your permission?
If you’ve discovered that your content is being used to promote a product, service, or brand without your consent, you may have legal options. Here’s what you need to know about your rights and next steps.
1. This Could Be a Copyright Violation
Most original content you post on social media–photos, videos, captions, and even memes–is protected by copyright the moment it’s created. If someone uses your post in their ad without a license or your permission, they may be infringing on your copyright.
Important: You don’t need to register your work with the U.S. Copyright Office for it to be protected. However, registration is required if you want to sue for infringement and recover damages.
2. It Might Also Violate Your Right of Publicity
If your image, name, or likeness appears in the post, and someone is using that post to sell or promote something, they could be violating your right of publicity. This right gives individuals control over how their persona is used commercially. That means a company can’t use your face or voice to sell a product without your okay, even if they found it online.
3. False Endorsement and Misleading Advertising
When a business uses your content to advertise, it might falsely imply that you’re endorsing their product or are affiliated with them. This can lead to consumer confusion and potential liability under federal laws like the Lanham Act, as well as state deceptive trade practice laws.
4. What You Can Do Next
- Document everything: Take screenshots of the unauthorized use, including URLs, timestamps, and the business’s information.
- Reach out to the business: Sometimes a strongly worded cease-and-desist letter is enough to get the content removed.
- Report the post: Platforms like Instagram, Facebook, and TikTok have reporting tools for copyright and impersonation violations.
- Consult with an attorney: If the content is being widely used or has caused financial or reputational harm, legal action might be necessary.
5. Don’t Let Your Content Be Exploited
Just because your post is public doesn’t mean it’s free for commercial use. Businesses that use your work without asking are not only crossing ethical lines, they may also be violating multiple areas of the law.
Need help stopping someone from using your content in ads?
Contact Landry Legal today at 888-914-0011 or email us at contact@landrypllc.com for a free confidential consultation.