Creating and sharing content is second nature to most students - especially on platforms like TikTok, Instagram, and X (formerly Twitter). From remixing viral videos to creating meme formats with iconic soundtracks, the boundaries of creativity and copyright law are constantly tested. But what many don't realise is that even a short clip, meme, or audio overlay could land them in legal trouble.

Copyright protects original works of authorship, like music, videos, images, and writing. It gives creators exclusive rights to control how their content is used, shared, and monetised. Using copyrighted material without permission is considered infringement, unless a legal exception like "fair use" applies.

Fair Use and Memes: Where Is the Line?

Fair use allows limited use of copyrighted content without permission, typically for purposes like parody, criticism, education, or commentary. But it’s not a free pass. Courts consider:

  • Transformative use: Does the new work add new meaning or context?
  • Amount used: How much of the original is copied?
  • Commercial nature: Is it monetised or not?
  • Market impact: Could it affect the value of the original work?

While memes often qualify as parody or commentary, not all do. And TikTok remixes that include copyrighted music or video clips may fall outside fair use, especially if they go viral or are monetised.

TikTok and Music Licensing

TikTok has licensing deals with many major music labels, allowing users to include popular songs in their videos within the platform’s library. But, using copyrighted music not covered by TikTok’s licenses can lead to content being removed or accounts being flagged.

A notable case: Sony Music sued rapper Trefuego for over $800,000 for unlicensed use of a sample in his TikTok hit “90mh.” The case highlighted how copyright owners are increasingly monitoring platforms for infringement.

Platform Policies

Social platforms have their own rules to comply with copyright law. TikTok’s copyright policy states it may remove content that infringes rights and penalise repeat offenders. Even if users believe their use qualifies as fair, platforms might still act conservatively to avoid legal risk.

Academic Risk: Don’t Assume It’s Just a Joke

For students, there are added risks:

  • University policies on academic integrity may include digital conduct.
  • Content shared on official uni pages or for coursework may be subject to stricter scrutiny.
  • Ignorance of the law is not a defence.

Best Practices for Students

  • Use royalty-free or licensed content from sites like YouTube Audio Library, Pexels, or TikTok’s built-in music library.
  • Create your own music or visuals to avoid legal grey areas.
  • Credit original creators when applicable. But remember, credit isn’t a substitute for permission.
  • Read platform copyright policies regularly.

Conclusion

Copyright law isn’t just for corporations and artists, it affects everyday student creators. By understanding the basics and staying informed, students can avoid copyright pitfalls while continuing to innovate and express themselves online.

Sources to Cite:

  1. UK Intellectual Property Office – Copyright Basics: https://www.gov.uk/copyright
  2. TikTok Copyright Policy: https://www.tiktok.com/legal/page/global/copyright-policy/en
  3. UNSW Newsroom, “Do Memes Infringe Copyright?”: https://www.unsw.edu.au/newsroom/news/2020/05/do-memes-infringe-on-copyright-
  4. Raconteur, “TikTok Creators and Copyright Law”: https://www.raconteur.net/risk-regulation/tiktok-creators-copyright/
  5. Wikipedia, “90mh” (Trefuego Copyright Lawsuit): https://en.wikipedia.org/wiki/90mh