How to Avoid Copyright on Instagram

Ever hit 'share' on an Instagram Reel and hold your breath, worried it might get muted or taken down for a copyright violation? You're not alone. Navigating copyright rules can feel like trying to walk a tightrope, but it doesn't have to be so stressful. This guide will give you a clear, straightforward path to follow, covering everything from music and video to what fair use actually means and what to do if you get a dreaded notification.

What Exactly is Copyright on Instagram? A Simple Breakdown

In the simplest terms, copyright is a legal right that protects original works of authorship. When someone creates a piece of music, a photograph, a video, or even a piece of writing, they automatically own the copyright to it. This ownership gives them the exclusive right to reproduce, distribute, and display that work.

When you post someone else's copyrighted content on Instagram without their permission, you're infringing on their rights. To combat this at scale, Instagram uses an automated system called Rights Manager (similar to YouTube's Content ID) that scans uploaded content and compares it against a massive database of copyrighted material. If it finds a match, it can automatically block, mute, or flag your post.

Three Common Copyright Myths That Will Get You in Trouble

Creators often rely on a few popular misconceptions that, unfortunately, offer zero legal protection. Let's clear them up right now:

• Myth #1: "Giving credit in the caption is enough." Tagging the original creator or writing "photo by @username" is a nice gesture, but it is not a substitute for legal permission. Unless the creator has explicitly given you permission to repost their work, you're still infringing on their copyright.
• Myth #2: "If I change it by 10%, it's fine." There is no magic percentage of alteration that suddenly makes copyrighted content yours. The legal concept is "transformative use," and it's far more complex than just adding a filter or changing the color scheme. Simply editing someone else's work doesn't transfer ownership.
• Myth #3: "Adding a 'no copyright infringement intended' disclaimer will protect me." This phrase is completely meaningless. It’s like saying "no offense" right before you say something offensive. It doesn’t change the legality of the action, if you're using content without permission, you are infringing copyright, regardless of your intent.

The Rules of Music: How to Use Audio Without Getting Flagged

Music is the number one reason posts get flagged on Instagram. The rules can be confusing, especially since they differ based on your account type. Here’s how to stay in the clear.

Personal Creator Accounts vs. Business Accounts

Instagram has agreements with record labels that allow users to include popular music in their personal, non-commercial content like Reels and Stories. This is why Personal and Creator accounts have a vast library of trending songs, from Taylor Swift to Drake.

However, Business accounts are a different story. The music licenses Instagram holds do not extend to commercial use (i.e., content that promotes a product or service). Because of this, Business accounts have access to a much more limited collection of audio called the Instagram Sound Collection. This library is filled with royalty-free music that you can safely use for promotional content without legal risk.

So, what about using "trending audio" for your business? It's a gray area and comes with risks. While a creator can start a trend with a popular song, when a business co-opts that trend for its own marketing, it crosses into a commercial use that isn't covered by the license. Your Reel might get muted or removed. The safest path for any brand is to stick to audio you have the rights to use commercially.

Your Safest Bets for Instagram Audio

1. Use Instagram's Official Music Library: This is the easiest and safest option. If you're a Business account, stick to the Sound Collection. If you're a Creator, you have more freedom, but remember that the license is only for use on Instagram. You can’t download that Reel and post it on YouTube.
2. Use Your Own Original Audio: If you're in a video talking, or you've created your own sound, you already own the copyright. This is a fantastic way to create brand recognition and maybe even start your own trend.
3. Use Royalty-Free Music Services: For businesses that want more options than Instagram’s library, platforms like Epidemic Sound, Artlist, or even Canva's audio library offer subscriptions for high-quality, commercially licensed music. You pay a fee for the right to use their entire catalog in your content.

Photo & Video Copyright: Beyond the Soundtrack

The same principles of ownership apply to visual content. You can't just grab a cool photo from Google Images or another user's feed and post it as your own. Every image and video clip belongs to someone.

Actionable Strategies for Sourcing Visual Content

• Create 100% Original Content: This is the gold standard. When you take the photo or shoot the video yourself, you own the copyright. It's the only completely risk-free method, and it ensures your brand's content is unique and authentic.
• Utilize Stock Photo and Video Sites: Stock sites are a great resource, but you need to understand the licenses.
  • Free Sites (like Unsplash, Pexels): These platforms offer photos with very open licenses, but they don't offer the same legal protections as paid sites. There’s a small risk that someone might have uploaded work they didn't own.
  • Paid Sites (like Adobe Stock, Shutterstock, Getty Images): When you pay for a license, you're not just buying a photo, you're buying legal protection. These services verify their contributors and can offer legal indemnity, meaning they’ll cover you if a copyright claim ever arises from a piece of content you licensed from them.
• Get Explicit Written Permission: If you want to use content from another creator, you need permission. Don't just slide into their DMs with a quick "can I repost?" Send a clear message or email asking for the right to use their specific image or video on your Instagram account. If they agree, save a screenshot or copy of that message. A clear "yes" is your license.
• Handle User-Generated Content (UGC) Properly: Just because a customer tags your brand in a photo doesn't give you automatic rights to repost that photo to your main feed. It's fantastic social proof, but it's still their copyrighted content. To use it in your marketing, you must reach out and get their explicit permission first. Most users are happy to oblige, but always ask.

What is "Fair Use" and Does It Apply to You?

"Fair Use" is one of the most misunderstood aspects of copyright law. It's a special doctrine that permits the limited use of copyrighted material without permission from the rights holders for purposes like criticism, commentary, news reporting, teaching, and research.

For example, a movie reviewer showing a 10-second clip of a film to critique the directing is a classic example of potential fair use. Someone grabbing a professionally shot landscape photo to put a motivational quote over it is not fair use.

Here’s the most important thing to understand: Fair use is a legal defense, not a permission slip. There are no clear-cut rules, and it’s often decided on a case-by-case basis inside a courtroom. For 99% of a brand's or creator’s social media posts, trying to claim fair use is an unreliable and risky strategy. Save yourself the headache and stick to content you own or have licensed.

"Oops, I Got a Copyright Strike. Now What?"

Sooner or later, you might make a mistake and get that dreaded notification: "Your video has been removed because it may contain music, audio or video that belongs to someone else." Don't panic. Here’s what to do.

1. Read the Notification Carefully: The notice will tell you which piece of content was flagged and, usually, who filed the claim. This information is key to understanding what went wrong.
2. If the Claim is Valid: If you know you used a copyrighted song without a license or grabbed a photo from another feed, the claim is almost certainly legitimate. The best thing to do is accept the removal, learn the lesson, and move on. Don't try to re-upload it. Multiple violations can lead to your account being restricted or even permanently disabled.
3. If You Believe the Claim is an Error: Mistakes can happen. If you have the license for the content (e.g., from a stock music site), it’s your original work, or you have explicit permission, you can file an appeal. Instagram provides a flow within the notification to dispute the claim. You’ll need to provide a clear reason why your use of the content is authorized. Be prepared to show your license agreement or proof of permission.

Final Thoughts

Staying on the right side of copyright on Instagram boils down to one core principle: Use content you've either created yourself or have been given explicit permission to use. Whenever you're in doubt, the safest move is always to leave it out and find an alternative you know is properly licensed.

Staying on top of your content - from sourcing licensed assets to planning your schedule - can be a lot to manage, especially when you're trying to keep up with today's fast-moving platforms. That's why we built our visual calendar in Postbase to help you see your entire content strategy at a glance. By laying everything out, you can get a bird's-eye view, making it easy to double-check that every photo, video, and audio track is fully licensed and ready to publish weeks ahead of time.