Q: Can my wife be sued for TikTok or Instagram content that uses edited audio book clips?
My wife cosplays a book character on TikTok and Instagram. In many of her videos she uses audio that another creator has edited together from the Graphic Audio Book. All less than a minute long. On TikTok the sound links automatically to the other creator, but on Instagram she tags the creator of the edited audios and gives them credit for creation. This morning my wife received a direct message request from Graphic Audio Book on Instagram saying to stop posting videos with these audios and remove all past videos using them. They did not reference the TikTok videos. There are hundreds of creators using these same audio sounds. We have reached out to many of the larger accounts, as well as the creator who edited the sounds for use on TikTok and Instagram. None of them have been contacted. What legal liability do we have on this and is there any possibility to continue using these works, or at least not remove previous videos? See T&C - https://www.graphicaudio.net/terms-and-condition
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A:
If your wife received a direct request from Graphic Audio Book to remove videos containing their audio, she should take it seriously. The company may have the legal right to protect its copyrighted material, even if it is edited or used in short clips. Ignoring the request could lead to potential legal actions, such as a cease-and-desist order or a lawsuit for copyright infringement.
Even if other creators are using the same audio without issue, this doesn't mean it's legally permissible. Copyright holders have the discretion to enforce their rights selectively. The fact that they reached out directly suggests that they are aware of your wife’s content and may pursue further action if their request is not honored. It’s important to understand that giving credit does not substitute for obtaining permission to use copyrighted material.
To avoid further legal issues, it's wise to comply with the removal request and refrain from using the audio in future videos. You might consider reaching out to the copyright holder to negotiate terms for usage or explore alternative, royalty-free audio options for her cosplay content. Understanding and respecting copyright law can help avoid potential pitfalls and keep her content safe from legal challenges.
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