TRADEMARK AND COPYRIGHT INFRINGEMENT IN SOCIAL NETWORKING SITES

Trademark infringement refers to the unauthorised use of a trademark. This is a violation of intellectual property rights. In simple terms, a trademark is a symbol that helps distinguish a product of a particular company from similar products of other companies. The evolution and development of trademark laws protect the rights of manufacturers or sellers. However, with the advancement of technology and the emergence of social media, lawmakers and interpreters must make continuous interventions and be vigilant about new issues related to trademark infringement. The rise of social media apps has changed the marketing game for every business organisation. Today, social networking and social media are crucial factors in developing business strategies, especially for marketing. While protecting a trademark has always been important for a company since it is closely associated with product identification, the risk of trademark infringement has increased significantly with the present social media culture.

Social networking platforms usually implement policies and terms of service to handle cases of trademark infringement. Instances of trademark infringement on social media platforms may arise when users intentionally or unintentionally utilize a trademarked name, logo, or other forms of protected intellectual property without proper authorization.

If a user or entity violates a trademark on a social media platform, the process for handling the infringement typically involves the following steps:

1.         Reporting the Infringement: Social media platforms typically have reporting mechanisms for trademark infringement. They may utilize specific forms or procedures for intellectual property violations.

2.         Investigation by the Platform: Once a report is filed, the social networking platform will likely investigate the claim to determine if there is indeed a trademark infringement.

3.         Notification to the Infringing Party: If the platform determines that a claim of infringement has merit, it may notify the responsible user or entity. Depending on the severity and frequency of the infringement, this may result in the removal of the infringing content or the suspension or termination of the account.

4.         Appeal Process: Platforms typically offer an appeal process for alleged infringers to contest decisions made in error or when issues have been rectified.

5.         Legal Action: If someone repeatedly infringes on a trademark or commits a severe infringement, or if the issue is not resolved satisfactorily through the platform's mechanisms, the trademark holder may choose to take legal action outside of the social media platform. This may involve sending a cease and desist letter or pursuing a lawsuit for trademark infringement.

Trademark infringement can result in legal consequences such as monetary damages, injunctions, and other legal remedies. The steps taken to address trademark infringement can vary depending on the platform's policies and the severity of the infringement.

COPYRIGHT INFRINGEMENT

Copyright gives legal protection to the creator or the owner of the original work such as music, art, books, scriptures etc. It has gained major importance in social media or social networking sites as on both of these platforms it is easy to copy, recreate or duplicate a copy of someone's work which leads to infringement of the work of the original owner. These rights will have great importance for the owner, as these will protect their work legally.

Copyright Infringement in Social Networking

When you post your creative work on social media, you retain the copyright ownership, provided your work is eligible. For instance, if you share your tweets on Twitter, no one can use them without your permission, and the platform does not take ownership. However, there is an exception. By posting your work on sites like YouTube or Twitter, you have to agree to the terms of use, which usually give the platform a license to use your work. Moreover, if you allow shares on your settings, you are also allowing other users to share your work within the platform.

As a social media user, it is essential to understand the terms of service you agree to and comply with them. Posting your work on social media does not mean that others can use it without attribution. For instance, if you create a meme and post it on Twitter, other users can retweet it. However, if someone copies the meme without attribution and posts it on their feed or somewhere outside social media, it does not automatically qualify as fair use and most likely does not comply with the platform's terms of service.

It is vital to note that you cannot post a copyrighted work on social media without permission. Courts have held that merely posting a photograph online is not transformative. As a user, you should only post creative works that are in the public domain, those that qualify for fair use, those for which you have received permission to post, or your original work. Because copyright and social media is an evolving area, users must pay attention to changes in the law. To protect your creative interests, registering your copyright is advisable.

Social media platforms like Facebook, Instagram, WhatsApp, Pinterest, Twitter, Quora, LinkedIn and many more allow users to post content online, which may be subject to copyright protection. While the platforms do not own the work posted on their sites, they are granted a license to use the work when users agree to their terms of service. This license is granted without any payment to the owner of the work.

However, the extent to which third parties can use the content posted on these platforms depends on the nature of the content and where it is published. In some cases, third parties are restricted from using the content, while in others, they can use it freely without any restrictions. This can lead to copyright violations and is a matter of great concern. Measures should be taken to curb these practices and protect the rights of content creators.

CONCLUSION

To safeguard trademarks and copyright on social media, it's advisable to regularly scan the platforms for any unauthorized use and take timely measures to address any infringement. Furthermore, registering trademarks and copyright with relevant authorities provides stronger legal grounds to combat infringing use, which will help the owner of the copyright and trademark right to take necessary legal action against the infringer.