Is reposting an image or video on Instagram copyright infringement?

Copyright in Vietnam

And, with Instagram, there are additional considerations because the platform itself doesn’t support sharing content. So, before you start (or keep) regramming to Instagram, take a look at these legal issues to protect yourself and your business.

First and foremost, you must remember that the user who shared the original post retains all copyrights to the image you plan to share. So, you MUST always give attribution to the original user.

Using an app like Regram or Repost will allow you to @ mention the original user and share their original post caption on your share. But, more importantly, these apps include a watermark on the image you share with the original user’s Instagram username. This is ideal because it guarantees that the original user is given full attribution for their content.

So there’s two kinds of consent when it comes to getting consent from using about using their image: there’s implied consent and express consent.

If you have asked your audience, customers, and followers to tag your business in their photos via @ mentions or tags or hashtags) and they did this on their public Instagram profile, then they have essentially provided you with implied consent to use their content.

But what happens if there is no implied consent? In this case, to protect yourself legally, you must get the user’s express consent to regram the content.

You can comment on their post letting them know that you want to share their photo with your audience. Then you can ask if you can have their permission to repost it. You can also send the user a Direct Message asking the same thing. Once they give you response in writing, giving you permission to repost the picture, then you’d be allowed to repost the picture. If they don’t respond, don’t use it. Asking is not enough. You need actual consent.

I am answering from the perspective of an intellectual property lawyer who has worked with creative artists and entrepreneurs to protect their intellectual property. If you have any other questions regarding the legalities of posting on Instagram, feel free to contact our IP lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at (+84) 24 32 23 27 71