Grand Blanc, MI asked in Intellectual Property, Internet Law and Contracts for Michigan

Q: Can I use social media content in a commercial report without permission?

I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before and plan to use the content as-is. Can I include this content without asking for permission, or do I need to obtain the necessary permissions first?

2 Lawyer Answers
Emmanuel Coffy
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A: You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts from Facebook groups and blogs without permission may violate copyright laws and platform policies. Exceptions like fair use may apply in limited cases, such as commentary or analysis, but this is context-dependent. To avoid legal risks, obtain permission from content owners before including their posts in your report. Contact an Attorney for advice and counsel.

James L. Arrasmith
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A: Using social media content in your commercial syndicated report without permission carries significant risks. Even if the content is publicly accessible, copyright protection typically remains with the original creator or the brand. Public availability does not automatically grant you the right to reproduce or distribute content for commercial gain.

Images, posts, and written materials on brand accounts, Facebook groups, or blogs are often copyrighted, meaning you generally need explicit permission or a proper license to use them commercially. Relying on fair use may not always protect you, particularly when your use has commercial intent and could impact the original creator's potential revenue or market.

To avoid legal issues or disputes, you should secure written permission or licensing agreements from the content owners before including their posts and images in your syndicated report. Alternatively, linking directly to the original posts or clearly attributing the creators without reproduction might mitigate some risk. Taking these steps proactively will protect you legally and demonstrate respect for the intellectual property rights of others.

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