Opinion: TikTok - A Magnet for Intellectual Property Law Contention
With a staggering 1 billion users, the infamous platform TikTok has rapidly skyrocketed in both popularity and controversy over the past eight years since its’ creation. As a brand fundamentally built on the use of licensed media (such as music) to produce engaging content, the intellectual property (IP) regulations and functions of the app have been the root of much contention. Does intellectual property law support the function of TikTok itself, in turn encouraging innovation and creative freedom? Or should intellectual property solely be used to restrict and protect creators from the recycling of their content across the internet?
“Creation is the core of TikTok's purpose. Our platform is built to help imaginations thrive…Together, we inspire creativity and bring joy - a mission we all believe in and aim towards achieving every day.”
The empirical purpose of TikTok may at times appear to differ vastly from the mission outlined above, boasted on their website. TikTok’s recent legal dispute with Universal Music Group (UMG) exhibited the urgent need for reform of the brand in order to avoid further losses from conflict with IP law and its original purpose of facilitating creativity, innovation, and leisure. It is undoubted that licensed music has been integral to the brand’s success and outreach, with TikTok capitalising on such media to effectively provide a platform for consumers to communicate, discover, and exercise creativity through producing and interacting with short-form videos. TikTok’s success has been demonstrated by the brand’s influential presence worldwide, through the rise of similar short video functions on prominent social media platforms such as Instagram and YouTube.
TikTok has obtained licensing agreements with many large music companies, and provides its users with the latest music from popular artists due to agreements with large companies such as Sony Music. Nonetheless, it was reported by The Fashion Law that 50% of the music used on TikTok are either unlicensed or modified (eg. by speed/pitch) in order to avoid copyright infringement claims. Along with this, the current escalation in AI generated replications and alterations of existing songs has allowed the brand to claim ownership over music originally created by other artists, robbing them of their profits. As such, TikTok is often able to ‘get away’ with violating copyright regulations blatantly, in particular, neglecting to compensate creators fairly. In contrast to their claimed objectives, there is much evidence to suggest that TikTok is acting as a detriment to creativity, seizing the opportunity of users being able to freely create short-form videos without the risk of imitation or theft. In reality, TikTok’s intellectual property regulations are evidently relaxed, failing to address and acknowledge much illegally-used and under-compensated content.
In January 2024, Universal Music Group (UMG) refused to renew their contractual licence providing music to TikTok, disclosing that “ultimately TikTok is trying to build a music-based business, without paying fair value for the music”, in their open letter. UMG explained their decision within the letter, criticising three aspects of TikTok which they are currently dissatisfied with: the brand’s lack of suitable compensation towards their artists, TikTok’s strong advocacy for the increasing AI-generated content and neglect to protect artists from being exploited by this, and TikTok’s lack of initiative and negative attitude towards consumer protection. UMG emphasises the indifferent attitude and intimidating tactics used by TikTok, accusing them as ineffective and negligent towards protecting consumers and artists in the industry. Shortly after, UMG began removing their music from the platform. The extent to which copyrighted music is a necessary component of the brand was clearly emphasised in this recent legal dispute, with popular artist fans and listeners crying out due to UMG removal of a vast amount of viral songs. The response of TikTok (TikTok statement in response to Universal Music Group) to UMG’s open letter caused doubt as to the brand’s genuinity and commitment to their users. TikTok struck back at UMG, denouncing the company as greedy and dismissing their “false narrative and rhetoric”. The negative attitude and lack of assurance provided to users strongly highlights the need for TikTok to shift its regulations and attitudes towards intellectual property theft and copyright infringement allegations, calling for reform.
Despite this, the use of such music and content are vital towards the functioning of the brand as a whole, providing users with the freedom and joy of utilising music and videos to generate short-form videos which are then recognised. Trends such as altering the speed and pitch of music are also forms of creative expression which are enjoyed by consumers, contributing to the appeal of the app. The creation of such videos not only creates a platform for entertainment and self-expression, but has expanded into a global community where users from different countries and cultures are able to communicate and collaborate. TikTok is able to act as a multi-functional space where its users are able to engage with each other, learning and sharing knowledge on various topics and interests through these short-form videos. Aside from this, the platform has also created opportunities for business and brand exposure, offering a unique opportunity for commercial goods and services to target specific audience sectors. The brand has developed itself into a growing platform for the innovation of young minds, spanning over different sectors and appealing to audiences of all backgrounds across the world. Consequently, TikTok is inevitably caught in a dilemma between balancing the protection of innovation and the facilitation of innovation - being unable to risk one at the expense of the other.
I believe that IP law fundamentally supports TikTok, ensuring that original creators are protected from unauthorised use or replication of their work. This protection in turn encourages users to continue freely creating and sharing content on the platform without fear of it being stolen or misused, acting as a necessary component to TikTok’s core function by protecting innovation, self-expression, and fair compensation of creators. Will others feel comfortable using the app if IP regulations continue diminishing as they are now, with nothing left to safeguard their creations? As a consumer myself, my stance is that TikTok should emphasise transparency, facilitating innovation and leisure positively in line with their brand mission. Full transparency on TikTok’s behalf is required in order to address and ensure that content is being produced without exploitative or malicious intent, protecting users. In order to achieve this, TikTok must become diligent with its use of copyrighted content - since removing this altogether would undermine the very purpose of the brand.
Another issue which indicates TikTok’s lack of ability to regulate copyright include TikTok’s current copyright infringement report system, which involves filing a form to request the removal of infringed content. The platform itself makes it clear that “TikTok is not in a position to adjudicate disputes between third parties” and “may not be able to remove the content or suspend the account you reported”. The limited nature of TikTok’s actions are highlighted through this procedure, displaying the difficulty and lack of certainty directed towards creators whose rights have been infringed. The ability and resources that allow content to be so replicated effortlessly and spread at an instantaneous rate across the platform indefinitely increases the risks and detriment towards users who wish to produce short-form videos or create music on the app.
As displayed, the use of popular music on the platform is vital to the brand’s success and global popularity, providing users with the tools and music to engineer content and pursue their passions. It should therefore be questioned if the essence of the brand complies with the purpose of intellectual property law as a whole. Some may view this as a violation of intellectual property, while others may view this as a means of enhancing creativity and innovation, the main aims of IP in the first place. I believe that music is an integral component of the operation of the app and brand, and that the viral effects of TikTok have facilitated the communication and sense of belonging of people of all ages across the world as they reconcile on the platform, bonding over mutual interests and shared media. However, this should not come at the expense of creators and users, as they deserve to be fairly compensated for their innovation and to be adequately protected by the platform.
In order to continue to fulfil this purpose without undermining intellectual property law - and effectively, the law as a whole, the app must take a more positive and transparent approach in order to obtain a balance. This may be done through increasing engagement with users by actively engaging with its user community to gather feedback, address concerns, and communicate changes or updates to its policies and practices may allow the brand to grow and benefit from the direct perspectives of users and creators on copyright issues. Furthermore, undergoing research as to how TikTok may identify and develop mechanisms to swiftly identify non-consensual replication or use of owned content and to prevent content from being spread rapidly may provide the app with strategies to develop the brand into a more positive, creative-based platform.
Overall, the essence of the brand TikTok has triggered IP law complications worldwide. The recent incident with UMG provided an insight into the upcoming legal disputes which may occur, calling for the reform of the brand’s intellectual property law approach. Despite this, the unique opportunities and enjoyment created by the brand have resulted in an eruption of creative and innovative ideas, establishing a new prospering era of short-form video creation. The core aims of both IP law and the brand TikTok are to facilitate creativity and freedom of expression within a positive environment, and at the end of the day, this should be the underlying goal of the brand to be achieved through whatever measures necessary. I believe that the increasing amount of copyright issues stem from TikTok’s current intellectual property law policy. It is submitted that the current policy should be improved and acknowledged through TikTok investing more time and resources into conducting research and increasing their transparency to grow not only as a brand, but as a public entity which holds responsibility to support society and the law. The protection of those who are vulnerable to exploitation and lack of compensation should be worked towards continuously as a long term objective of TikTok. Ultimately, striving towards an appropriate balance between both the enjoyment of TikTok’s users, and the protection of creators’ rights must be the core aim of the brand.
This opinion piece is written by Inspire Law's Writer, Marianne Lam. Read more of her pieces on 'The Feed'.
TikTok definitely raises interesting questions about intellectual property. On a related note, I’ve found https://www.movavi.com/support/how-to/how-to-change-video-background-with-ai.html to be a great tool for managing my own content. It’s intuitive and helps streamline the editing process, which can be a lifesaver for content creators dealing with IP concerns. Balancing creativity and legal issues is tricky, but good tools can make it easier!