Feb 1, 2025
How to Resolve Instagram Copyright Infringement & Reclaim Your Content
You just woke up to a notification saying someone stole your Instagram post. They copied your caption, your image, and even your hashtags. To make matters worse, they didn't tag or give you any credit. Instead, they claimed your work as their own. After the initial shock wears off, anger and betrayal erupt. You post your content online to share your creative ideas and connect with others, yet here is a stranger profiting off your hard work. Your next steps are crucial. If you don't act quickly, you could lose your original post altogether, hurting your account's performance. Instagram Copyright Infringement is no joke. Not only can it hurt your mental and creative health, but it can also have lasting effects on your account (DMCA Takedown Google). This article will provide valuable insights to help you tackle the situation, like restoring your stolen content and protecting your account from future copyright issues.
Fortunately, Bustem's copycat detection tool can help you achieve your goals. This valuable tool helps users track and detect stolen content so they can focus on restoring their original post instead of stressing over the so-called new post.
Table of Content
What is Copyright Infringement on Instagram?
Copyright infringement on Instagram occurs when someone uses copyrighted content—like images, videos, music, or text—without permission from the original creator. Instagram’s terms prohibit unauthorized use of copyrighted material, and rights holders can file a complaint to have infringing content removed. For instance, reposting someone’s photo without credit or using copyrighted music in a video without a license can lead to a DMCA takedown.
You Can’t Use Other People’s Stuff Just Because It’s on Instagram
When we think of copyright, many of us envision that little c inside a circle, usually appended to the title page of a book or the end of a song name. Copyright applies to a vast swath of human creations and is not limited to writing. You might be surprised by how easily it has kept pace with the modern world, including social media. If you are an influencer, content creator, or even just a user on Instagram, the law regarding copyright on Instagram is more pertinent to you than you may realize.
The Legal Risks of Instagram Copyright Infringement: Penalties and Consequences for Creators
Unfortunately, Instagram photos follow the same laws as written text, songs, films, and other types of creative content. That means you can face many of the same consequences on the world’s most famous photo-sharing site as in any other public forum.
With potential fines of up to $150,000 and jail time of up to 5 years—not to mention a severely smeared reputation—Instagram copyright infringement is the real deal. Even if you don’t face the worst penalties, accidental or intentional copyright theft can still result in account shutdown, post removal, follower outcry, and more.
People Often Treat “Community Guidelines” As Though They Are Just That… Guidelines
As opposed to Geoffrey Rush’s interpretation of the Pirate’s Code, Instagram’s so-called guidelines are very much rules that need to be followed. Instagram policies generally cover music, images, videos, reels, and any other content you upload or create on Instagram, including stories and captions.
While an overview of their extensive copyright regulations is beyond the scope of this article, Instagram is careful to convey several ideas.
Your Content is Your Own
When you create content—whether created offsite, uploaded in, or handled entirely within the Instagram platform—Instagram does its best to protect that content. Specifically, Instagram says: Your content, assuming a basic level of creativity in its making, is yours and protected under copyright law, even if it only exists on the Instagram platform.
Understanding Your Copyright Rights on Instagram: What You Own and What You Grant to the Platform
The same goes for anyone else’s content. If you own a copyright, you may grant permission to others to use it, but you do not have to allow others on Instagram to use it. Instagram does not copyright your photos or other content just because you upload it to their platform.
Still, you are granting them a license to use it however they want (e.g., in their promotional content) and to disseminate it (e.g., through the algorithm, on the search page, etc.). Per fundamental U.S. copyright law, you own the copyright on all your content as soon as you have “fixed it in a tangible medium. “
Others’ Content Belongs to Them and Is Not Free for Public Use
Similarly, others have copyright protections under the Instagram guidelines and terms of use that you sign when joining. These say that Just because the content of others exists on Instagram does not mean it is in the public domain, fair use, or otherwise free of U.S. copyright policy, so be extremely careful how you use it.
You don’t necessarily have the right to use the content you purchased or licensed elsewhere on the Instagram platform, even if you paid for it. If it is not explicitly stated in the license that you can use a piece of content on Instagram—this applies to copyrighted music, Instagram photos, graphics, and more—you should not do so.
You Can’t Copyright Just Anything
Just because you take a minute to spin something creatively doesn’t mean it’s yours. You cannot, for instance, photograph a famous sculpture, apply your custom filter, and then get the little c circle for that picture. You can’t copyright photos of things/places others could also photograph.
You can’t do new things with others’ work and call it your own. You don’t necessarily own a photo or video copyright simply because you are in it if you are not the creator.
There Are Consequences for Breaking Copyright Rules
People treat Instagram like a playground, and for good reason. It’s bright. It’s colorful. It’s fun. It’s a great place to find a community or a business. But in fact, it is not a playground. It is one of the world’s largest social media platforms and algorithms, and fundamental laws govern it.
You don’t want to come down on the wrong side of them, so remember that you are not immune to copyright infringement laws when you use content without asking simply because you acknowledge the content belongs to someone else. If you can’t tell where work is from and you can’t be sure it’s free to use, don’t use it.
How Instagram Enforces Copyright Rules and the Consequences of Repeated Violations
Instagram has the right to take down your posts, videos, reels, and any other type of content if they determine you have infringed on copyright rules. If you repeatedly violate Instagram’s terms of use or community guidelines, you can expect to lose your account temporarily or permanently.
If you repeatedly violate rules on multiple accounts, Instagram will do its best to prevent you from returning. If all this sounds pretty dire, don’t worry. Staying above the law is pretty easy on Instagram. Before we discuss that, let’s turn our attention to understanding copyright protection because Instagram users have a lot of it.
Copyright Protection Applies to Instagram Content
All original work is eligible for copyright protection, meaning the legal owner and copyright holder have exclusive rights. What qualifies as original is the subject of endless legal arguments, but the U.S. Copyright Office defines it as meaning it was created independently with “a modicum of originality.” Also, it must not be based on the copyrighted work of others.
Why Registering Your Work with the Copyright Office Can Protect Your Content on Instagram
If these qualifications are met, the copyright owner has the exclusive right to the work and can use the copyright protection watermark. Although you do not need to register any work for it to earn copyright status, it can help to register works with the Copyright Office to prove that they are yours later if needed.
For instance, posting your art on a free medium such as Instagram, which is guaranteed to be reshared and possibly stolen, might be a good idea – mainly if your livelihood is based on it.
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How to Submit an Instagram Copyright Infringement Report
Reporting copyright infringement on Instagram involves a few straightforward steps.
The first step is to locate the infringing post on Instagram. Once you have located the offending post, click on the three dots in the top right corner of the post.
Next, click Report and follow the prompts to report the post. Select the option that indicates that your work is copyrighted.
Follow the on-screen instructions to submit your report.
DMCA Takedown on Instagram
If you have never encountered infringement online, you may have never heard of a DMCA takedown. This official correspondence notifies the proper individuals that infringement has occurred and requests that it be taken down. You can send a takedown request directly to the infringing account, but they may disregard it, so one should also be sent directly to Instagram.
Instagram DMCA Form
Instagram’s infringement reporting process is relatively easy, as you can use this form which should only take a few minutes to fill out. Ensure you gather as much relevant proof as possible beforehand, even though you may not need it in your initial request. This way, your DMCA takedown is much more likely to be approved.
Suppose you’ve ever submitted a copyright infringement / take-down form on Instagram. In that case, you know that it can lead to a bit of back and forth between you and Instagram, requesting more and more information stating your case as to why a particular photo (or photos) should be taken down. It can get pretty frustrating, to say the least.
Tips to Expedite the Instagram DMCA Process
In my experience, I think I’ve narrowed down a couple of key elements to expedite the process and have Instagram remove an infringer’s post in one fell swoop.
Create a Hidden Gallery Page on Your Website
It doesn’t have to be accessible via a clickable tab on your website, but create an additional gallery page with one sole purpose…a page to place image files as you discover them being used by infringing accounts on social media. So when Instagram asks on the form, “Please provide links (URLs) to the copyrighted work,” give them the direct URL to the image file on your site.
NOT the URL to the original Instagram post from which the image may have been taken. By providing the URL to the image on your website, you are making it crystal clear to Instagram that it is your photo. Plus, it gives the impression that the infringing IG account may have taken the image from your website, which looks terrible to them!
Use Clear, Straight-to-the-Point Wording in the Additional Information Box
No need to write a novel. This is the exact wording I’ve been using on my form submissions for several months, and it’s been working well so far. I am the original photographer and copyright holder of the photo. I have never written a license or permitted the Instagram account @(fill in the blank) to use the photo.
And if the image (s) in question happen to be registered with the US Copyright Office, I highly recommend placing that information in the same box. I’ll add… The image is registered on copyright certificate VA********** with the Library of Congress labeled as “(image file name on the certificate).”
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How to Avoid Copyright On Instagram
Play It Safe, Post Only Original Content
The best way to avoid copyright issues is by committing to posting content that belongs to you. After all, the point of Instagram is to create lovely photos and videos. You’ll be okay if you stick to the creator side of things. (Note: this doesn’t mean others won’t steal your work; more on that below.)
Use a Disclaimer
If you are using the work of others in your Instagram posts and have permission, use a disclaimer. State who the original author is, that you’re using their work with permission, and if they are an Instagram user, tag them.
Use a Reposting App to Avoid Copyright
Reposting apps allow you to share the posts of others wholesale, from the photo to the caption, with a little logo in the corner showing what you’ve done. It’s a great way to avoid infringement claims, although it’s worth noting that the original creator can still ask you to take it down.
Give Credit To Owners
Again, if the work is not yours, you must credit whomever it belongs to. Ideally, you will only credit them because you have already asked them for permission to use your page's work. If I haven’t, it’s best to avoid doing so. Even if I have, I must still credit them by name.
Obtain Royalty-free Music and Images
You can buy or download royalty-free music and images for free and use as many times as you like without paying each time. Note that some royalty-free content is allowed for commercial use (when you’re making money off your feed), and some content isn’t. Know the difference.
Avoid Taking Screenshots and Recordings
Screenshots and recordings are not magically free of copyright law. Copyrighted content shouldn’t be shared via screenshots or recordings, even if you make it clear it wasn’t yours. As with any copyrighted material for which you don’t have permission, avoid it.
Don’t Make Assumptions About Music
Instagram has licensed lots of music for you to use. That doesn’t mean you can go out, download those same songs, and use them on Instagram or off. That’s infringement because you do not hold the licensing contract.
Don’t Reuse Others’ Captions
Copying text directly from captions or stories and using it as your own is – guess what? – still plagiarism. Just because it happens on a social media site doesn’t mean it isn’t IP theft.
Don’t Attempt to Violate Instagram’s Terms and Policies
Think you can get around IG’s copyright rules? You can’t. They’ll know. The legal battles that can encapsulate you aren’t worth trying to get around the rules, so my recommendation will always be to play it safe.
Find and Take Down Copycats with One-click Today
Bustem helps e-commerce merchants find and remove unauthorized uses of their content. The platform scans billions of websites to identify copycats, streamlining the DMCA takedown process with pre-filled forms, comprehensive case management, and instant detection.
With more than 2 million DMCA notices filed daily, Bustem helps brands efficiently eliminate copycats and stop losing money to content theft.
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