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When Brands Cross the Line: Is Stealing a Creator’s Video for Ads Legal?

Amelia Hart

Photo Courtesy of @ruslanagee


The digital age has brought tremendous opportunities for creators and brands alike, but it has also blurred the lines of legality and ethics when it comes to intellectual property. Imagine this: you, a content creator, pour time, effort, and creativity into making a video. Suddenly, you see it being used by a brand as an advertisement—without your permission. The question arises: is this legal?

The short answer is: no, it’s not legal. Here’s why, and what you can do if it happens to you.


Copyright Law and Ownership

When you create original content, such as a video, you automatically own the copyright to it. This copyright grants you exclusive rights to reproduce, distribute, display, or license your work. In other words, no one can use your content without your explicit permission unless it falls under certain exceptions, such as fair use.


If a brand takes your video without obtaining your consent, they are infringing on your copyright. Even if the brand edits the video, adds their own branding, or only uses a snippet, it’s still your intellectual property.


The Role of Terms and Conditions on Social Media Platforms

Social media platforms like Instagram, TikTok, and YouTube often have terms and conditions that allow them to use and share your content within their ecosystems. However, these terms do not extend to brands or third parties. Just because your video is on a public platform does not mean it’s free for anyone to use commercially.


Fair Use vs. Copyright Infringement

Some brands might try to justify their actions under the guise of “fair use.” Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as commentary, criticism, or education. However, using a creator’s video as an advertisement does not fall under fair use because it’s commercial exploitation, not transformative use.


Influencers and Licensing Agreements

In legitimate brand-creator collaborations, brands usually enter into a licensing agreement with the creator. This agreement outlines how the content can be used, for how long, and in which markets. When a brand skips this step and uses a creator’s video without authorization, they not only risk legal action but also damage their reputation within the creator community.


What Can Creators Do If Their Video Is Stolen?

If you find that a brand has used your video without permission, here’s what you can do:


  1. Document the Evidence

    • Take screenshots or record the ad as proof of unauthorized use.

    • Note the date, platform, and context in which the video is being used.

  2. Contact the Brand

    • Reach out directly to the brand or their marketing agency, explaining the situation and requesting immediate removal of your content.

    • You may also demand compensation for unauthorized use.

  3. File a DMCA Takedown Notice

    • Under the Digital Millennium Copyright Act (DMCA), you can submit a takedown request to the platform where the ad is being displayed.

  4. Consult a Lawyer

    • If the brand refuses to comply or if significant damages are involved, consult an intellectual property attorney to explore legal action.


Protecting Your Content Moving Forward

To safeguard your work, consider the following proactive steps:

  • Watermark Your Videos: Adding a subtle watermark can discourage unauthorized use.

  • Register Your Copyrights: While copyright is automatic, registering your work provides additional legal protection and makes it easier to file lawsuits if needed.

  • Monitor Usage: Use tools like reverse video search or social media analytics to track where your content is being shared.


Ethical Considerations for Brands

Brands must remember that stealing content not only exposes them to legal risks but also undermines their credibility. In the age of transparency, such actions can lead to public backlash and tarnished reputations.


Final Thoughts

The creator economy thrives on trust, collaboration, and respect for intellectual property. Brands and creators must work together within clear legal frameworks to ensure everyone benefits fairly. If a brand steals your video, know your rights and take action to protect your hard work. The law is on your side.

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