Key Instagram Copyright Rules For Australian Businesses

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As a business, avoiding Instagram can be challenging — after all, it might even be a core part of your operations. Whether Instagram is central to your business strategy or just one of many platforms you use, there’s no denying its power to get your business noticed and attract clients.

But simply creating an account and posting regularly isn’t enough. Copyright is a key legal consideration when using Instagram. Just because you’re online doesn’t mean the law doesn’t apply. In fact, copyright issues are some of the most significant legal concerns businesses face on social media.

Understanding how copyright works and knowing how to navigate it is essential to avoid legal risks and protect your business.

The Copyright Concept On Instagram

You might be wondering: how exactly does copyright work on Instagram? Typically, copyright is associated with traditional forms of media, like books and movies. However, it also extends to social media. Whether it’s an adorable photo of your cat or a song you’ve added to a Reel, copyright considerations are involved in almost everything you do on social media.

Who Owns The Content You Post On Instagram?

Technically, you retain the copyright for any original content you post on Instagram—this means you are the legal owner of that content. However, if the content you’re posting isn’t original or wasn’t created by you, you cannot claim ownership of its copyright.

It’s also important to note that under Instagram’s Terms of Service, when you post content to their platform, you grant Instagram a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, distribute, and display your content in perpetuity. While this doesn’t transfer your copyright to Instagram, it does give them extensive rights to use your content within their platform and for related purposes.

In some cases, copyright ownership can be transferred, such as through contracts or specific agreements. If you’re collaborating with others or using Instagram for business purposes, it’s essential to clarify who owns the rights to the content being shared.

What Counts As Copyrighted Content On Instagram?

Instagram hosts a wide variety of intellectual property (IP) that can be protected by copyright, including:

Photos and Images: Any original photos or visual creations posted by users.
Videos: Content such as short clips, Reels, and long-form videos on IGTV.
Captions and Text: Original written content, such as captions, quotes, or storytelling posts.
Music: Songs used in posts, Stories, or Reels, often requiring proper licensing.
Artwork and Illustrations: Digital or hand-drawn pieces shared by creators.
Graphics and Visual Designs: Logos, infographics, and other design elements.
Reels and Stories: User-generated content combining video, text, and effects.
Memes: Even memes can be copyright-protected if they incorporate original images, text, or designs.
Animations and GIFs: Original animations or GIFs shared on the platform.
Filters and Effects: Custom AR filters or effects created by users.

Why Copyright Matters For Your Content

At times, business owners may underestimate the significance of copyright. However, failing to follow proper copyright rules can have serious consequences. Your account could be reported, content removed, and in severe cases, legal action could be taken against your business.

On the flip side, copyright is a powerful tool that can protect your business and its content. It ensures that your intellectual property (IP) — whether it’s photos, logos, videos, or written work — is safeguarded from unauthorised use. This is crucial because when someone copies your business’s work without permission, it can lead to lost revenue, damage to your brand, and confusion among customers.

Understanding Fair Use On Instagram

In certain cases, you may use content without the explicit permission of the original owner. This concept is known as fair dealing in Australia (similar to fair use in other jurisdictions). When content qualifies under fair dealing or fair use, the normal rules of copyright don’t apply.

Examples of purposes where fair dealing might apply include:

Commentary
Criticism
Parody
News Reporting

However, it’s important to note that using content for these purposes doesn’t automatically exempt you from copyright rules. The use must meet specific criteria, such as:

Being reasonable in scope and proportion.
Being transformative, meaning it adds new value, meaning, or expression to the original content.
Falling within a legally recognised purpose under Australian copyright law.

How to Protect Your Content On Instagram

So, how do you protect your own content on Instagram? Copyright can help establish your ownership, however, it’s always better to avoid the hassle of dealing with copyright infringement in the first place. Here are some practical steps to safeguard your work:

Watermark Content And Use Copyright Notices

Have you ever scrolled through Instagram and noticed a logo or name subtly embedded in an image? This is called watermarking, and it’s a simple yet effective way to prevent others from stealing or misusing your work. Watermarks are difficult to remove, making it harder for someone to screenshot or repost your content without permission.

Additionally, copyright notices (e.g., “© [Your Name/Business], [Year]”) reinforce ownership by clearly stating that the content is protected. You can also include a copyright disclaimer, explicitly stating that your permission is required for others to use your content—eliminating any confusion about rights and usage.

Create Original Content And Monitor Infringement

Ensure the content you create is entirely original, as this minimises disputes over ownership. Additionally, regularly monitor Instagram for similar content that might be infringing on your rights. Tools like reverse image searches or Instagram’s rights management features can help you identify unauthorised use of your work.

Use Instagram Tools And Keep Records

Keeping a detailed record of your posts is essential. Save copies of your work, the dates you uploaded it, and your creative process. Don’t rely solely on Instagram’s platform — glitches or account issues can sometimes cause posts to disappear.

Instagram also offers tools like the Rights Manager, which allows you to control and monitor how your content is used across the platform. Take advantage of these features to track and manage your intellectual property.

Educate Your Audience And Collaborate

Let your audience know your content is original and protected by copyright. Often, people don’t understand their copyright obligations, so a simple request to ask for permission before reposting or ensuring proper credit can go a long way.

If someone admires your work, be open to collaboration opportunities. Partnering with others can turn potential copyright concerns into mutually beneficial creative projects.

Use Safe Licensing And Add Creative Commons

Licensing is an essential legal tool for protecting your copyrighted materials. Consider attaching clear licensing terms to your work, such as stating the conditions under which it can be shared or reused.

Using a Creative Commons licence can also help clarify how others can use your work while still protecting your rights. For example, you might allow others to share your content as long as they credit you and don’t use it for commercial purposes.

How To Legally Use Other People’s Content

Determining the best ways to protect your own content is only one side of the coin. As an Instagram user, you also need to understand how to legally use someone else’s content when required. Navigating these waters can be tricky, but being proactive, having open and honest conversations, and keeping a clear record of permissions can protect you from accusations of copyright infringement.

Reach Out Directly And Specify Usage Details

If you want to use someone else’s content, always reach out to the creator and clearly communicate your intentions. Explain how you plan to use their work, whether it’s for personal, educational, or commercial purposes.

Creators may have specific conditions for how and where their content can be used. Be sure to ask for these details upfront and follow them closely to respect their wishes.

Offer Credit And Get Written Consent

Crediting the original creator is essential, but it’s not enough on its own — always ensure you have written consent as well. Written permission, whether in the form of an email or a formal licence, helps eliminate any risk of misunderstanding or disputes.

Example
Suppose you run a makeup artist business and want to recreate a look you’ve seen another artist create. You don’t want to risk being seen as a “copycat,” as this could harm your reputation and discredit the original content you’ve spent time creating. To avoid this, you could:Contact the original creator, explain your intention to recreate the look, and request permission.Offer to credit them in your post by tagging them or linking to their original content.
Once you have their permission, you can recreate the look without worry and build goodwill in the process.

Request A License And Use Content From Stock Libraries

For professional or commercial purposes, requesting a formal licence to use someone’s content is often the best approach. A licence clearly outlines how, where, and for how long you’re allowed to use their work.

Alternatively, you can use content from reputable stock libraries, which often provide royalty-free images, videos, or music with pre-defined usage rights. This is a safe and efficient way to avoid copyright issues while accessing high-quality content.

Respect The Terms Of Use And Check Instagram’s Rights Manager

When using content on Instagram, always respect the terms of use associated with that content. Misusing someone’s work — such as adding their original music to inappropriate or unrelated content — could lead to copyright disputes or damage your reputation.

Tools like Rights Manager help creators protect their content and monitor how it’s being used. Be mindful of these protections and ensure you’re not violating any rules when sharing, repurposing, or using content on the platform.

The Risks Of Ignoring Instagram Copyright

With over 2 billion accounts on Instagram, you might wonder—who’s really going to notice if you use someone’s image without permission? And if you only have a small following, does it even matter?

The truth is, copyright laws apply to everyone, regardless of your follower count. Whether you’re a major brand or a small account, using content without permission can lead to serious consequences. Ignoring Instagram’s copyright rules could result in content removal, account restrictions, or even legal action.

Respecting copyright isn’t just about avoiding penalties—it’s about fostering a fair and ethical creative community. Always seek permission, credit creators, and use content legally to stay compliant and protect your brand.

Legal And Financial Consequences

Copyright is embedded in Australian law, and violating it can lead to serious legal and financial consequences. Infringement can result in immediate platform penalties as well as potential legal action in extreme cases.

1. Immediate Consequences on Instagram

Content Removal – Posts may be taken down for copyright violations.
Account Strikes & Restrictions – Repeated breaches can limit visibility and engagement.
Account Suspension or Removal – Severe violations may result in permanent account suspension, impacting your business’s marketing efforts.

2. Legal Consequences Beyond Instagram

Fines or Compensation Claims – Copyright holders may seek financial damages.
Risk of Lawsuits – Serious violations could lead to costly legal action.

Damage To Reputation And Growth

Instagram’s penalties and legal consequences aren’t the only risks of copyright infringement — it can also seriously damage your business’s reputation.

If your followers notice you’re using content without permission, they may lose trust in your brand. This can lead to decreased engagement, loss of credibility, and long-term harm to your reputation. In turn, this could result in lost customers, broken partnerships, and reduced revenue.

With so many competitors in the market, maintaining an honest, ethical, and transparent approach can set your business apart. Protecting intellectual property — both yours and others’— helps build trust and credibility, which are essential for long-term success.

Why Legal Advice Matters For Copyright On Instagram

Legal advice for Instagram can help your business protect its online presence and ensure it operates in a legally compliant manner. Understanding copyright laws on Instagram is crucial—not only for protecting your own content but also for avoiding copyright infringement.

One of the key laws governing copyright enforcement on digital platforms is the Digital Millennium Copyright Act (DMCA).

How The DMCA Protects Creators On Instagram

The DMCA is a U.S. copyright law that allows creators to request the removal of unauthorised content from online platforms, including Instagram. Under the DMCA Safe Harbor provisions, platforms like Instagram must remove infringing content when properly notified, or they risk legal liability.

If someone uploads your copyrighted work without permission, you can file a DMCA takedown notice to have the content removed. This helps creators maintain control over their intellectual property and enforce their rights against copyright violations.

Is The DMCA Relevant To Non-U.S. Users?

Yes — even if you’re in Australia, the UK, or anywhere outside the U.S., the DMCA still applies to content on Instagram. This is because Instagram is a U.S.-based platform, and many of its copyright policies are built around DMCA regulations.

However, your country’s local copyright laws (such as Australia’s Copyright Act 1968) may also provide additional legal protections. This means you have multiple options for enforcing your rights or defending against copyright claims, depending on the situation.

How To Dispute A Copyright Claim

If your content is taken down due to a copyright claim on Instagram, but you believe the claim is incorrect, you can dispute it by filing a counter-notification through Instagram’s Help Centre. To do this, provide your contact details, a description of the removed content, the URL, and a statement explaining why the claim is invalid.

The original claimant has 10–14 days to respond, and if they take no further action, Instagram may restore your content. However, if the claimant pursues legal action, you may need legal assistance. To avoid issues, ensure your content either belongs to you, falls under fair use/fair dealing, or has proper permissions. If unsure, seeking legal advice can help protect your rights.

Keep Your Instagram Feed Compliant With Sprintlaw

Navigating copyright laws while building an engaging and ethical online presence can be challenging. You need to balance protecting your business, fostering creativity, and ensuring compliance with copyright rules. Finding this balance isn’t always easy—but you don’t have to do it alone. Sprintlaw’s legal experts are here to guide you, helping you protect your content, avoid copyright pitfalls, and ensure your business operates legally online.

Key Takeaways

Don’t let copyright issues hold you back. Explore your options and safeguard your content confidently with expert guidance today.

Copyright applies to all Instagram users, regardless of follower count, and covers content such as photos, videos, music, text, and graphics.
Posting original content gives you copyright ownership, but Instagram’s Terms of Service grant them a broad licence to use your content on their platform.
Using someone else’s content requires permission, credit, or proper licensing; fair dealing exceptions apply in limited cases such as commentary, criticism, or parody.
Violating copyright can lead to serious consequences, including content removal, account restrictions, fines, lawsuits, and reputational damage.
Protect your content by watermarking images, using copyright notices, keeping records, and monitoring infringement with Instagram’s Rights Manager.
If your content is wrongfully removed, you can dispute a copyright claim through Instagram’s counter-notification process, but legal advice may be necessary.
Sprintlaw can help your business stay compliant, protect your intellectual property, and navigate copyright issues effectively.

If you would like a consultation on Instagram copyright rules, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.

Sapna Goundan

Sapna has completed a Bachelor of Arts/Laws. Since graduating, she's worked primarily in the field of legal research and writing, and she now writes for Sprintlaw.

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