Q: Can I use publicly available videos if someone says 'Yes' in a direct message on social media?
I run a marketing company. I sell social media short video services. To make the short videos, I repurpose existing videos. I've gained access to these videos by asking people online if I can use their videos for this exact purpose. They will simply reply back with 'Yes' or 'Sure, you can use my videos'. I've offered free marketing services in exchange for allowing me to use their videos for my clients. They do not always use the free services. Am I protected since the original creator said I could use their videos for my clients? I presume the safest option is to have them sign a contract to avoid any copyright issues in the future.
A:
While receiving a "Yes" or "Sure" in a direct message provides some level of permission, it may not be enough to protect you from potential legal issues. Verbal or written informal agreements, like those made in social media messages, might be considered valid, but they can be difficult to enforce or prove if disputes arise later on. There could also be ambiguity about the scope of permission given, especially if it’s not clear that you’re using the content for commercial purposes or repurposing it for multiple clients.
The safest approach would be to have a formal written agreement that clearly outlines the terms of use, including the rights you're being granted, the purposes for which you can use the videos, and any compensation or exchanges involved. This contract should be signed by both parties to ensure clarity and legal enforceability.
Taking this extra step can help protect your business from potential copyright claims and misunderstandings, making it easier to demonstrate that you had the necessary permissions to use the content as intended.
Liscah Isaboke agrees with this answer
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