What are the copyright rules for marketers?

This guide is for general information only and is not legal advice. Copyright and related intellectual property rules vary by country and scenario. Consult qualified counsel for specific campaigns.

Copyright Basics: What Marketers Must Know

Copyright is a legal framework that protects original works of authorship fixed in a tangible medium. It applies automatically upon creation—no notice or registration is required under the Berne Convention, which most countries follow. In marketing, copyright applies to assets like copywriting, photos, videos, graphics, music, podcasts, animations, UX designs, and even datasets or databases with creative selection or arrangement.

What is protected?

Text: blog posts, ad copy, scripts, captions, taglines with sufficient originality.
Visuals: photographs, illustrations, infographics, logos as artistic works (logos may also be protected by trademark), page layouts.
Audio/AV: music, voiceovers, podcasts, videos, motion graphics, jingles.
Software and code: marketing tools, interactive pages, AR filters.
Architecture, choreography, and other creative forms when fixed or recorded.

What is not protected by copyright?

Ideas, facts, methods, systems, processes, and short phrases or titles (though slogans may sometimes qualify if highly creative; and titles/slogans may be protected by trademark law).
Works in the public domain (copyright expired, forfeited, or dedicated).
US federal government works (generally public domain), but state/local government works may be protected depending on jurisdiction.

How long does copyright last?

Many countries (including the US/EU): life of the author plus 70 years.
Works made for hire or corporate authorship (US): the earlier of 95 years from publication or 120 years from creation.
Each January 1, additional works enter the public domain (in the US, 1929 works entered the public domain in 2025).

International protection is largely harmonized through treaties like the Berne Convention and TRIPS, but specific exceptions, moral rights, and enforcement procedures vary. Always confirm local law for target markets.

The Owner’s Exclusive Rights (and How Marketers Infringe)

Reproduce the work (copying, downloading, printing).
Distribute the work (sharing, emailing, packaging on drives).
Publicly display or perform the work (websites, social media, events, streams).
Create derivative works (edits, remixes, translations, adaptations, thumbnails, compilations).

In many countries, authors also hold moral rights (attribution and integrity). In the EU these are strong; in the US, moral rights are limited but exist for certain visual works under VARA. For marketers, infringement commonly happens by:

Using images from Google or social media without permission or a valid exception.
Editing someone else’s video/photos or adding a brand watermark without a license to make derivatives.
Screenshotting paywalled or licensed content for ads.
Using copyrighted music in reels, stories, or paid ads without sync/master rights.
Republishing user content beyond what platform terms allow.

Who Owns What? Employees, Agencies, and Freelancers

Ownership determines who can authorize marketing use. Get this wrong and your campaign rights can collapse.

Employees: In many countries, employers own works created by employees within the scope of employment. Check local law and employment contracts.
Freelancers/contractors: By default, creators own their work unless your contract includes a written assignment or a valid “work made for hire” clause (US requires specific categories and a signed agreement).
Agencies: Ensure your Master Services Agreement (MSA) or Statement of Work (SOW) assigns rights or grants sufficient licenses to the client. Clarify reuse, portfolio rights, and deliverables vs. working files.
Joint works and collaborations: Co-authors share rights; you may need unanimous consent or specific agreements to exploit the work.
Model/property releases: Even with copyright cleared, you may need releases for commercial use of people’s likenesses or recognizable private properties, art, or trademarks visible in the content.

Licensing 101: Royalty‑Free, Rights‑Managed, and Key Terms

A license is permission to use a copyrighted work under defined conditions. For marketers, clarity on license scope prevents takedowns and damages.

Common license types

Royalty‑free (RF): One-time fee for broad but not unlimited uses. Often restricts resale, logos, sensitive uses, and merchandise. “Royalty‑free” does not mean “free” or “no restrictions.”
Rights‑managed (RM): Usage‑based pricing with specific terms (territory, duration, audience size, media). Offers exclusivity options.
Exclusive vs. non‑exclusive: Exclusive licenses provide competitive separation but cost more and require careful tracking.
Open licenses: Creative Commons or public licenses with standardized terms (see below).

Key license terms to review

Scope: mediums (web, social, out‑of‑home, TV, print, apps, CTV), territories, channels, languages.
Duration and renewal: campaign length, perpetual rights, revocation conditions.
Derivative rights: editing, cropping, overlays, color changes, translations, templates.
Sublicensing: Can agencies, media partners, or affiliates reuse?
Exclusivity and embargoes: competitor restrictions and blackout windows.
Attribution requirements and moral rights waivers where permitted.
Indemnification and warranty: creator warrants original work, releases obtained; indemnity caps.
Sensitive uses: restrictions on topics like politics, health, finance, adult content, or implied endorsement.

Stock Content, Creative Commons, and Public Domain

Stock photos, videos, and music

Editorial vs. commercial: Editorial stock cannot be used to endorse products or in ads; it lacks releases.
Model and property releases: Needed for identifiable people and certain locations or artworks.
Restrictions: No logos in trademarks, no creation of a competing stock library, no resale as standalone files, beware of “sensitive use” clauses.
Music libraries: Stock “royalty-free” music typically covers online use but may exclude broadcast, paid ads, or public performance; check for synchronization and master rights.

Creative Commons licenses

CC BY: Free to use with attribution. Good for blogs and organic social posts.
CC BY-SA: ShareAlike; derivatives must be licensed under the same terms—can conflict with proprietary brand assets.
CC BY-ND: No derivatives; do not edit, crop, or overlay text/logos.
CC BY-NC: Noncommercial only; risky for marketing use because most marketing is commercial.
CC0/Public Domain Dedication: No rights reserved; safest for broad reuse.

Always provide proper attribution unless the license says otherwise. A best-practice attribution: Title by Author, license type, source link.

Public domain

Works whose copyright has expired or been dedicated to the public domain (e.g., many works published in 1929 entered US public domain on Jan 1, 2025).
US federal government works are generally public domain; state/local works vary.
Beware: New editions, translations, and restorations may be protected even if the original is public domain.

Fair Use (US) and Fair Dealing (UK/EU/CA): What Counts as “Fair”?

Fair use (US) and fair dealing (many Commonwealth/EU jurisdictions) allow limited unlicensed use for specific purposes. They are defenses, not permissions, and are fact-specific.

US fair use factors

Purpose and character: Transformative uses (new meaning or message) are favored. Commercial use weighs against but is not determinative.
Nature of the work: Factual works get more leeway than highly creative works like music or fiction.
Amount and substantiality: Use the minimum amount necessary; using the “heart” of a work weighs against fair use.
Effect on the market: If your use substitutes for the original or harms its market, it weighs against fair use.

Marketing examples that may lean toward fair use: short, transformative commentary or criticism, a brief quote in a product review, or a low-resolution thumbnail in a comparative analysis. However, using copyrighted music in an ad, or republishing an entire image for promotional purposes, usually is not fair use.

Fair dealing in UK/EU/CA

Fair dealing is narrower and limited to specific purposes like quotation, criticism/review, news reporting, parody/pastiche, research, and teaching. Use must be necessary and accompanied by attribution where required. Purely promotional use rarely qualifies.

Because fair use/dealing is uncertain and context‑dependent, marketers should avoid relying on it for core creative unless advised by counsel.

Platform terms of service (TOS)

Creators grant platforms broad licenses to host and display their content. This does not automatically grant you a license for brand use.
Reposting or repurposing content outside platform features (e.g., downloading a TikTok to use in a TV ad) generally requires permission from the copyright owner and any featured individuals.

Embedding posts

Embedding displays content hosted by the platform. Case law has been mixed; you should not assume that an embed equals a license from the creator.
Marketing best practice: Obtain permission for embeds used in promotional contexts and retain records.

User-generated content (UGC)

Get explicit permission via comments, DMs, or UGC rights platforms. Use clear language granting rights to use, edit, and promote across channels.
Hashtag campaigns: Posting with a campaign hashtag is not automatically consent. Provide terms and link them conspicuously.
Keep logs: who granted rights, the exact content, screenshots of consent, date/time, and any restrictions.
Influencer content: Contracts should address ownership, license scope, approvals, takedown obligations, music rights, and exclusivity.

Thumbnails, link previews, and scraping

Using a small preview image generated by Open Graph tags is often tolerated, but if you manually copy assets, you may need a license.
Scraping and republishing content at scale can trigger copyright and database rights in some jurisdictions (e.g., EU database rights).

Music and Video in Marketing: Sync, Master, and Performance Rights

Music requires multiple rights clearances depending on use:

Synchronization license (sync): To pair a composition (songwriting) with visuals (ads, social, TV, YouTube).
Master use license: To use a specific recording of a song (from the record label or master owner).
Public performance license: For playing music in public venues, broadcasts, streams (via PROs like ASCAP, BMI, PRS, SOCAN). Some platforms handle this for user uploads; paid ads and broadcasts often require separate clearance.
Mechanical license: For reproducing/distributing audio (less common for marketers unless you distribute audio tracks).

Common pitfalls:

Using commercial tracks in paid ads, reels, or stories—even if the platform offers “music for creators”—often excludes advertising use.
Assuming “royalty‑free” music covers broadcast or cinema. Check the license.
Ignoring cue sheets or composer credits where required.

Video footage and templates also require checking license scope (territory, duration, number of impressions, OTT/CTV, and paid vs. organic use).

Fonts, Icons, and Templates: The Overlooked Licenses

Fonts: In the US, typeface designs may not be copyrighted, but the font software is. EULAs govern desktop, web, app, broadcast, and server embedding. Don’t assume Google Fonts rules apply to all fonts.
Icons and UI kits: Check usage rights; many require attribution or prohibit resale as standalone assets.
Templates (presentations, website themes): Licenses often restrict resale, redistribution, or use in on‑demand products.

AI-Generated Content and Copyright: 2025 Update

Authorship: In the US, works generated without sufficient human authorship are generally not copyrightable. Human selection, arrangement, and meaningful editing can be protected. Other countries are evolving—check local law.
Training data and style prompts: Legal debates continue. Avoid instructing AI to imitate identifiable living artists or brands. Using protected characters, logos, or distinctive styles can create infringement and publicity rights issues.
Vendor terms and indemnity: Review your AI tool’s license, allowed uses, and indemnification. Some vendors restrict use in sensitive categories or for training competitors.
Stock platforms and AI: Some stock sites prohibit uploading AI-generated content trained on unlicensed datasets or require special disclosures. Don’t assume you can resell AI outputs as stock.
Compliance workflow: Keep prompts, seeds, model/version notes, and human-edit logs to substantiate authorship and due diligence.

International Campaigns: Territory, Moral Rights, and Translations

Territory: A license for one country may not cover global use. Streaming and geo-targeted ads can spill across borders.
Translations and adaptations: A translation is a derivative work—ensure your license allows it and credit translators as required.
Moral rights: Strong in many jurisdictions (EU, parts of LATAM). Authors may retain attribution and integrity rights even after licensing.
Database rights: The EU protects databases with substantial investment; scraping or reusing large datasets can infringe.
Local collecting societies: Music, photos, and reprographics may require additional clearances via local CMOs.

Enforcement, DMCA, and Risk Management for Teams

DMCA and takedowns (US)

Section 512 safe harbor protects platforms that follow notice‑and‑takedown procedures. Marketers receive Content ID or DMCA notices when using copyrighted materials without permission.
Counter‑notices: Use only when you have a good‑faith basis (license, fair use, mistake). False claims can lead to penalties.

Copyright management information (CMI)

Don’t remove or alter metadata, watermarks, or attribution in a way that misleads. Some laws impose separate penalties for tampering with CMI.

Practical risk controls

Asset registry: Track source, license scope, releases, and expiration dates for every creative asset.
Approval workflow: Legal review for high‑visibility or high‑risk campaigns (music, celebrity likenesses, sensitive topics).
Vendor diligence: Use reputable stock and music libraries; insist on warranties and indemnity in contracts.
Insurance: Consider media liability or errors & omissions coverage for content-heavy campaigns.
Training: Educate teams and influencers on copyright, trademark, and publicity rights.

Quick Checklist: Do I Need Permission?

Is the work original and not yours? Yes → You likely need a license unless an exception applies.
Is it public domain or CC0? Yes → Free to use; still check for privacy/publicity/trademark issues.
Is it Creative Commons? Yes → Follow license terms (attribution, noncommercial, ND, SA).
Is your use transformative commentary/criticism with minimal necessary excerpts? Maybe → Fair use/dealing could apply; get legal input for ads.
Is it stock? Yes → Confirm media, territory, duration, derivatives, and paid ad coverage.
Does it feature people or private property? Yes → Secure model/property releases.
Music/video? Yes → Clear sync, master, and possibly performance rights.
UGC/influencer assets? Yes → Obtain documented permission and clarify paid placements.
Fonts/icons/templates? Yes → Check EULA and attribution requirements.
AI output? Yes → Ensure human authorship in edits, vendor terms compliance, and run IP checks.

FAQs

Is it okay to use someone’s photo if I credit them?

No. Attribution alone does not grant a license. You need permission unless an exception applies.

How much can I quote without permission?

There is no fixed “safe” number of words. The context, purpose, and amount relative to the whole work matter. For ads, be conservative.

Can I use images I found on Google Images?

Not without checking rights. Use the “usage rights” filter and verify the actual license on the source site, or use reputable stock/CC0 sources.

If I bought a stock image, can I make a logo from it?

Usually no. Stock licenses typically prohibit using assets as logos or trademarks. Commission original artwork for logos.

Are memes and GIFs safe for brand accounts?

Not necessarily. Memes often use copyrighted content. Some uses may fit fair use, but branded, commercial use is risky without permission.

We hired a freelancer; do we own the files?

Not by default. Ensure your contract assigns copyright or grants a broad license and delivers working files if needed.

Do platform music libraries cover paid ads?

Often no. Many creator libraries allow personal or organic use only. Confirm coverage for paid placements and broadcasts.

Can I embed an Instagram post in a blog ad without asking?

Best practice is to get permission. Embeds rely on platform terms and unsettled case law; do not assume you have a license from the creator.

Are AI images safe to use in campaigns?

They can be, with diligence: avoid imitating identifiable styles or brands, check tool terms, and add human authorship through meaningful edits. Run legal and brand safety checks.

Conclusion: Make Copyright Compliance a Competitive Advantage

Copyright compliance is not just risk mitigation—it’s brand equity. Clear licensing, strong creator relationships, and disciplined asset management speed up approvals, protect campaigns from takedowns, and build trust with audiences and partners. Establish a repeatable rights‑clearance workflow, train your team, and document everything. When in doubt, ask permission or seek legal guidance before launch.

Practical Resources

Stock and music libraries with clear commercial licenses.
Creative Commons search portals; verify license at the source.
Performance rights organizations in your target countries.
UGC rights management tools and influencer contract templates.
Media liability insurers familiar with digital and social campaigns.