Copyright on Social Media: Guide to Fair Reposting and Reuse
Social media thrives on sharing. Whether it’s reposting an eye-catching photo, sharing a witty meme, or quoting an insightful post, it’s easy to assume that if it’s online, it’s free to use. In reality, this is far from the truth.
In Australia, Intellectual Property Law — particularly the Copyright Act 1968 (Cth) — protects creators’ rights even in the fast-moving world of Facebook, Instagram, TikTok, LinkedIn, and X (formerly Twitter). Understanding what you can legally repost or reuse is essential for avoiding copyright infringement while keeping your content engaging and compliant.
Automatic protection: Copyright applies the moment a work is created; no registration is required.
Duration: Generally, the life of the author plus 70 years.
Rights of the owner: Only the copyright owner has the exclusive right to reproduce, publish, communicate, or adapt the work.
This means that the creator of a photo, blog post, or video automatically holds copyright — and using it without permission can infringe their legal rights.
How Social Media Platforms Fit In
When you upload content to social media, you usually grant the platform a licence to use and display that content according to its terms of service. However, this licence does not automatically give other users permission to reuse your work outside the platform’s intended features.
For example:
Using Instagram’s “Share to Story” function is generally acceptable because it’s built into the platform.
Downloading someone’s image, removing their watermark, and posting it as your own is likely copyright infringement.
Fair Dealing Exceptions in Australia
Australia has “fair dealing” exceptions — limited circumstances where you can use copyrighted material without permission. These include:
Research or study - using material for academic purposes.
Criticism or review - quoting content in a commentary or article.
Parody or satire - comedic or satirical use of material.
Reporting news - using content to inform the public about events.
Legal advice or proceedings - using works in a legal context.
However, fair dealing is not a blanket excuse. For instance, reposting someone’s creative work without context or transformation will rarely qualify.
The Risks of Reposting Without Permission
Ignoring copyright laws can result in:
Content removal by platforms.
Account suspensions or bans.
Cease and desist letters from rights holders.
Court proceedings and damages claims.
Even if you believe your use is “harmless” or “non-commercial”, copyright infringement can still apply. Intellectual Property Law protects both professional and amateur creators.
Best Practices for Reposting and Reuse
To stay compliant and respectful of creators’ rights:
Ask for permission in writing before reposting.
Credit the creator with their name or handle.
Link to the original source whenever possible.
Use platform sharing tools like retweets, reposts, or embeds.
Consider royalty-free or Creative Commons resources from sites such as Unsplash or Pexels.
These practices not only protect you legally but also build goodwill with original creators.
User-Generated Content and Brand Campaigns
Many brands run hashtag campaigns to encourage followers to share photos or videos. While this may imply permission for the brand to repost, it’s best practice to confirm usage rights in writing.
This protects your business from claims and ensures the creator understands and consents to how their work will be used — especially in commercial contexts.
Intellectual Property Law for Businesses
For businesses, copyright breaches carry more risk. Unauthorised use of images, videos, or text in marketing materials can lead to costly disputes and damage your brand’s reputation.
An Intellectual Property Law solicitor can help by:
Drafting a social media content policy.
Advising on the legal use of third-party works.
Responding to infringement claims.
Registering and protecting your own intellectual property.
Proactive legal advice can save significant time, money, and stress in the long run.
Copyright on social media is not a free-for-all. In Australia, Intellectual Property Law protects creators’ rights both offline and online. By understanding fair dealing exceptions, respecting platform rules, and seeking permission when needed, you can avoid legal issues while maintaining a vibrant, engaging social media presence.
If you’re unsure about what you can legally repost or reuse, or if you need help protecting your own online content, our expert Intellectual Property Law team is here to help.
Contact New South Lawyers today for clear, practical legal guidance on copyright compliance, content strategies, and dispute resolution.
