Can I Use That? What You Actually Own on the Internet
You’re sitting at brunch, scrolling through your feed, and you see the perfect meme. Or maybe it’s a stunning photo of a sunset that captures exactly how you feel about your upcoming vacation. You take a quick screenshot, crop it, and post it to your own Instagram story with the caption, “Vibes.” You even tag the original creator because you’re a good person. You’re just sharing the love, right?
But then a few days later, you get a notification that your post was taken down. Or worse, you get a DM from a lawyer (the scary kind, not the fun kind) asking for a licensing fee. Suddenly, that "vibe" feels a lot more like a headache. Most of us treat the internet like a giant, free buffet of content, but the truth is, just because you can see it doesn't mean you can "use" it.
In this episode of Life Is Legal, we’re breaking down the wild world of Intellectual Property (IP) and why the "rules" you think you know about the internet are mostly myths.
IP 101: Creative Works vs. Brand Identity
Before we get into the weeds of what you can post, we have to understand what we’re even talking about. "Intellectual Property" is a fancy umbrella term for things the human mind creates. But in the legal world, we split those creations into different buckets.
The two biggest ones you need to know are Copyright and Trademark.
Copyright is what protects creative works: think photos, videos, blog posts, songs, and even the specific way you wrote that spicy caption on TikTok. It’s about the expression of an idea. On the other hand, Trademark is all about branding. It protects things like logos, brand names, and slogans (think the Nike Swoosh or the name "Apple"). It’s there to make sure people don't get confused about who they’re actually buying from.
“The law does not protect ideas. It protects how those ideas are expressed.”
So, if you have a great idea for a movie about a space-traveling cat, the law doesn’t stop someone else from writing a story about a space-traveling cat. But it does stop them from copy-pasting your specific script.
The "Credit" Myth and Why Google Images Isn't a Buffet
Let's bust the biggest myth on the internet right now: Giving credit is not the same as having permission.
We see this all the time. People post a professional photo and write "PC: [Photographer Name]" or "No copyright infringement intended." I hate to be the bearer of bad news, but saying you didn't mean to break the law doesn't mean you didn't break the law. It’s like telling a police officer, “No speeding intended,” while you were doing 90 in a 40.
When you grab an image from a Google search, you are likely grabbing something that someone else owns. Google is just the middleman. They survive because of something called "transformative use" and DMCA safe harbor rules. Basically, Google gets a pass because they are a search engine: they aren't claiming to own the image; they are just pointing you to where it lives.
But you? You’re using it for your own feed, your own business, or your own "vibe." Unless that image is explicitly labeled for "Creative Commons" or you’ve paid for a license, you’re technically infringing on someone’s copyright.
“Giving credit is kind, but it’s not permission.”
The Risk Spectrum: Memes, Music, and Reels
Does this mean the FBI is going to break down your door for posting a Kermit the Frog meme? Probably not. There is a "risk spectrum" when it comes to using other people's stuff online.
Low Risk: Sharing a post using the actual "Share" button on Instagram or Facebook. The platforms have built-in licenses that allow this.
Medium Risk: Using trending audio in a Reel. Most social platforms have deals with record labels for personal use. However, if you are a business using a Taylor Swift song to sell your new skincare line, you’re in "commercial use" territory, and that requires a much more expensive license.
High Risk: Taking someone else's original video or photo, downloading it, and re-uploading it as your own without a license.
And then there's the privacy piece. Just because you took the photo doesn't mean you can always post it. If you’re at a private party and snap a photo of a friend in a compromising position, they have privacy rights. Even if you own the copyright to the photo (because you took it), you might be violating their right to control their own image.
Fair Use, AI, and the Future of Content
You’ve probably heard the term "Fair Use." It’s the legal "get out of jail free" card, but it’s much smaller than you think. Fair use generally only applies if you are using a small snippet of something for:
Criticism or Commentary (like a movie review)
News Reporting
Teaching/Education
Parody (making fun of the original)
It’s not a magic shield. There is no "10% rule" or "30-second rule." The court looks at the "heart of the work." If you use the best 10 seconds of a song, you’ve probably used too much.
And don't even get me started on AI-generated content. As of right now, the U.S. Copyright Office says that if a machine made it, you can't own the copyright to it. Why? Because the law requires "human authorship." We’re still in the Wild West of how AI uses existing data to create new things, and the lawsuits are currently flying. For more on how digital shifts are changing the law, check out my post on data privacy and website liability.
How to Protect Yourself (Without Hiring a Lawyer)
The goal isn't to make you afraid of the "Post" button. It’s to make you legally literate. You want to be the person who knows the rules before life makes you learn them the hard way.
Instead of asking, "Can I use this?" start asking, "Who owns this and do I have the right to use it?"
If you didn't create it from scratch: didn't take the photo, didn't write the words, didn't record the music: you should assume someone else owns it. Use royalty-free sites like Unsplash or Pexels, pay for a Canva Pro subscription, or better yet, create your own original content!
If you do get hit with a DMCA Takedown notice, don't panic. Usually, the platform just removes the content, and you move on. But if you're a repeat infringer, you could lose your account entirely. For anyone running a business or building a brand, that’s a risk you just can’t afford to take.
🎙️ Listen to this episode of Life Is Legal wherever you get your podcasts. If you found it helpful, leave a review, subscribe, and share it with someone who needs to know this stuff.
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This post is for educational purposes only and does not constitute legal advice. Laws vary by state and situation. For advice specific to your circumstances, consult a licensed attorney in your area.
