MUSIC COPYRIGHT AND USER-GENERATED CONTENT: Analysing The Legal Implications of User-Generated Content Featuring Copyrighted Music on Platforms Like Youtube, Tiktok, and Social Media.

 

User-generated content (UGC) includes any type of content, such as text, videos, images, reviews, and audio files, that is created and shared by non-professional content creators. This content is usually posted on online platforms and social media by users rather than by the platform itself or its employees.

Music copyright grants creator’s exclusive rights to their works, including reproduction, distribution, public performance, and the creation of derivative works.

The Role of Music in User-Generated content:

Instagram, TikTok, YouTube  and other social media platforms allow users to upload and share their creative content , often featuring music. Music enhances the appeal and engagement of videos, making it a popular choice for User generated content.

Legal Framework and Implications

  • Copyright Infringement: when users include copyrighted music in their UGC without permission, they may infringe on the copyright holder's rights. This can result in; ; Content removal, account suspension, legal action and potential financial penalties.
  • Fair Use Doctrine: Some uses of copyrighted music be considered fair use , depending on; purpose and character of the use(e.g., commentary,criticism, parody), Nature of the copyrighted work, amount and substantiality of the portion used, effect on the market value of the original work.

Legal Responsibilities for users

  • Licensing Music: Users can avoid infringement by obtaining proper licenses to use copyrighted music. Several options include; using music libraries provided by platforms, purchasing licenses from music rights organizations,etc
  • Creating original content: Users can create their own music or collaborate with musicians to produce original tracks, ensuring no copyright issues arise.

 

Legal Responsibilities for Platforms

  • The Nigerian Copyright Act 2015 offers protection to online platforms from liability for user-uploaded content, provided they comply with certain requirements such as responding to takedown notices and removing infringing content promptly. 
  • Content Identification System: Platforms like YouTube use content ID systems to detect copyrighted music in videos automatically. Rights holders can choose to;block the content,monetize the content by running ads,track the content’s viewership statistics.

To summarise, integrating copyrighted music into user-generated content on sites such as YouTube, TikTok, and social media requires navigating complex legal terrain. To avoid infringement, users must understand and follow copyright rules, while platforms require solid mechanisms and procedures for effective copyright management. Balancing music creators' rights with consumers' creative expression is critical for building a compliant and dynamic digital environment.