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BY: IMMANUEL P.O. WILLIAMS
You publish a piece of content on social media, unaware of its potential reach. Within hours, your video gains traction, hitting hundreds, then thousands, and finally crossing the one million mark. Congratulations! You’ve secured your first viral moment. However, what happens when others capitalize on your creative work without credit or compensation?
A notable example of this is TikTok, a video-sharing app that allows users to overlay their content using another creator’s “sound” under the fair use doctrine. Think of viral phrases like “Who wants to go to Four Seasons in Orlando?”, “Aaron Pierre, that’s Mufasa!” or Rohan Perry’s “You! Cannot Trick me”. With TikTok boasting 1.925 billion users globally and daily usage increasing from 27 minutes in 2019 to 58 minutes in 2024, copyright concerns have become more relevant than ever.
Recently, some Caribbean content creators have expressed their intent to take legal action against companies and individuals using their content commercially without permission. A single viral post, if well-timed, can skyrocket a creator’s marketability, leading to brand deals, collaborations, and lucrative opportunities. Consider MrBeast, the popular YouTuber whose net worth is estimated at $550 million, he amassed most of his wealth through YouTube and his “9-5” as a content creator.
With my experience as an Attorney, a former content creator for my brand “Minute Motivation”, and avid social media user, I see how understanding copyright laws is crucial for protecting intellectual property and navigating the digital space effectively.
Copyright Basics for Online Content Creators
Copyright protection varies across jurisdictions. While the Belize Copyright Act, 2020 does not explicitly define copyright, it does safeguard various categories of creative work, including:
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- Original literary, dramatic, musical, and artistic works
- Sound recordings, films, and broadcasts
Copyright does not exist in copied works unless transformative or original elements are added. The Act also grants creators economic rights, such as:
- Reproducing and distributing copies
- Performing the work publicly
- Broadcasting or playing the work publicly
Creators also hold moral rights, ensuring proper attribution for their work. Importantly, copyright protection does not require formal registration, with many works automatically protected for up to 50 years.
Copyright infringement occurs when an individual or entity uses copyrighted material without permission, claiming it as their own. In such cases, creators can pursue legal action against the infringer.
Fair Use Doctrine – What It Is and When It Applies
Not all uses of copyrighted material amount to infringement. Platforms like TikTok prohibit unauthorized content use in ways that violate copyright law but allow fair use in specific circumstances.
The fair use doctrine serves as a safeguard against potential lawsuits. It permits limited use of copyrighted content without permission for but not limited to:
- Review videos;
- Quotations and critiques;
- Reaction videos;
- News reporting; and
- Educational purposes.
If content is used for non-commercial purposes and does not diminish the market value of the original work, it may qualify as fair use.
The Power & Pitfalls of Viral Content
Going viral is a double-edged sword. It opens doors to monetization opportunities such as brand partnerships, sponsorship deals, and revenue from digital platforms.
Logan Paul, a former YouTube personality, leveraged his social media reach to launch PRIME, an energy drink now sold worldwide. Similarly, content creators can utilize their copyright-protected work to establish successful brands and business ventures.
Without proper legal safeguards, creators risk having their content used without permission or unintentionally infringing on the work of others. Whether a post goes viral or not, it is still possible to infringe on a creator’s work in the digital space.
Copyright Enforcement & Legal Remedies
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Content creators facing copyright infringement have several remedies.
Platforms like TikTok allow users to file copyright infringement reports for content removal. Furthermore, a creator may instruct an Attorney to formally issue a cease-and-desist notice to stop unauthorized use.
Adding visible marks to videos can also deter unauthorized reproduction.
The Digital Millennium Copyright Act (DMCA) in the U.S. provides avenues for addressing online copyright violations, including lawsuits. Similarly, action can be brought in Belize if the infringement arises in this jurisdiction.
While there is limited case law in the Caribbean addressing social media copyright disputes, I am curious to see how Caribbean courts, which are generally conservative, will treat these types of disputes.
Gifford v. Sheil (1:24-cv-00423), is a lawsuit filed in U.S. federal court by social media influencer Sydney Gifford. Gifford initiated the action to protect her personal “aesthetic” or “vibe,” alleging that fellow influencer Alyssa Sheil infringed her registered works by copying her photos, videos, product selections, captions, and styling—arguing that Sheil mimicked not only the products but also her poses and apparel choices.
Gifford’s April 22, 2024, complaint states she has over 5 million followers and is a multi thousand-dollar brand. She claims an influencer’s success hinges on a unique brand identity, audience trust, and strategic product promotion. Notably, she registered the videos published on social media for copyright and included them as evidence.
Sheil filed a motion to dismiss, which the court granted in part. However, the case was allowed to proceed on four claims under the Digital Millennium Copyright Act (DMCA), including misappropriation of likeness, vicarious copyright infringement, and trade dress infringement. Sheil contends that no DMCA violation occurred, arguing that she did not reproduce or alter identical images created by Gifford and that her social media content remains distinguishable.
On February 3, 2025, the parties filed a Joint Alternative Dispute Resolution statement, suggesting that a settlement may be likely.
While this case may seem amusing, litigation is costly. Additionally, not all courts, especially in the Caribbean, may entertain such claims without strong legal merit.
Conclusion
Viral success is exciting, but creators must balance social media growth with legal awareness. Copyright protection ensures fair recognition and financial rewards for creative efforts. Whether an aspiring content creator or a seasoned influencer, understanding intellectual property laws is key to thriving in the digital landscape.
Immanuel P.O. Williams is an Associate at Glenn D. Godfrey & Co. LLP. You can reach him at immanuel@godfreylaw.net or visit godfreylaw.net. This article is for general information and not legal advice.