Jessica Barbaria
Globally, more than one billion people use Instagram every month. It is no wonder Instagram’s impressive user base has attracted big businesses to the platform. Brands seeking to grow their audiences often turn to social media to reach new customers, engage with existing customers, and source marketing content. Despite brands’ increasing reliance on Instagram, the legal boundaries of social media marketing are not well defined. Brands do not always know when they have permission to exploit user-generated content, and users do not always feel their content is fully protected. To clarify this uncertainty, Congress should amend the Copyright Act to include detailed specifications about the legality of online sharing: when content is readily downloadable, it should not be protected, but when a platform lacks a share, download, or embed button, the content should receive legal protection. This change would acknowledge user intent, making it clear when content is protected by copyright and when brands have a valid defense to infringement.