The reason Tik Tok has muted or deleted your video is. The video may have violated the DMCA act or article 17 of the European union’s copyright directive. In other words, you posted, shared, or sent infringing content.
- Using Tik Tok’s music library will help you avoid copyright issues.
- Tik Tok’s terms of service prevent users from taking class action lawsuits against the company.
- You may send a DMCA takedown notice to Tik Tok support or directly to the infringing party.
- Sending fraudulent takedown notices and altering CMI (Copyright Management Information) are punishable offenses in the US.
- Fair use and Fair dealing exceptions allow Tik Tok users to use copyrighted material without the rights owner’s consent.
- You may send a demand letter to the infringing party if you want to avoid litigation.
- Tik may mute, or delete your video if it infringes someone else’s intellectual property rights.
- If you receive a DMCA takedown notice, you may file a counter notice.
- If you file a counter notice, the rights owner has 14 days to take civil action or tik Tok may reinstate the video if it does not violate the platform’s terms of service.
- Copyright infringement on Tik Tok may result in account suspension or deletion.
Is Tik Tok Affected by DMCA?
Yes. The Digital Millennium Copyright Act applies to all internet service providers in the US. Because of that. if you use copyrighted material on your channel. The rights owner may send you a DMCA takedown notice, demand letter, or the individual may take civil action.
According to Tik Tok, the platform has taken down over nine million videos in the US alone due to copyright issues.
It is also worth noting that when you create a Tik Tok account, what many creators and users do not know is that the user agreement contains a waiver of rights to bring a class-action suit against the platform. you agree to resolve any dispute on the platform via mandatory binding arbitration.
In short, what you need to remember about copyrighted material on Tik Tok is:
- The platform wants you to create and share original content.
- Fair use doctrine applies to Tik Tok videos.
- Fair use exceptions allow users to use copyrighted material for criticism, parody, lawful comment, news reports, and product reviews.
- Tik Tok may suspend or delete your account for copyright, trademark, or intellectual rights infringement.
How to File a DMCA Takedown Notice on Tik Tok
Did the user purchase the song or is the copyrighted material stolen?
Tik Tok pays royalties to some creators. Consequently, the use of some songs on the platform is legal. If a song or video is not available on Tik Tok’s music library, using it in your video or posting it on your channel may constitute copyright infringement.
If you are in the US and notice someone using your content without consent, you may send a DMCA takedown notice to the user directly or to Tik Tok Via this link.
If you decide to send the notice directly to the user. Section 512 of the DMCA act requires that the notice have the five elements listed below.
Tip: Sending a demand letter or DMCA takedown notice via a lawyer or law firm increases the odds of the infringing party taking the notice seriously. So, if you decide not to fill out Tik Tok’s DMCA takedown form, you should employ the services of a claim’s attorney.
That said. A copyright takedown notice must contain:
- Your contact information, including your email address.
- Evidence of the infringing materials, infringing activity, and infringing location (URL).
- Your physical or digital signature.
- A statement under the penalty of perjury -stating that you have a good faith belief that the use of the copyrighted material was not authorized by you or the copyright owner.
- A statement affirming that everything in the DMCA notice is true.
Remember. when you complete the form, you begin a legal process. If you provide false information or if the takedown notice is fraudulent. The person you send the notice to may take civil action.
Note: If you need more advanced DMCA protection you can actively scan the internet for DMCA trademark infringements with DMCA Pro.
Can you Sue Tik Tok Users for Copyright Infringement?
Yes. If you did not permit Tik Tok to use your content, you may sue the infringing party. The question is, should you?
The problem with copyright infringement notices on platforms like Tik Tok is that they are expensive, and the infringing party could be anywhere. Consequently, even if you win the lawsuit, there is no telling if authorities in the infringing party’s country will be willing to take any action.
US code section 512 “limitations on liability relating to material online” reads in part, quote:
“A service provider (Tik Tok) shall not be liable for monetary relief, or, except as provided in subsection (j), for injunctive or other equitable relief, for infringement of copyright by reason of the intermediate and temporary storage of material on a system or network controlled or operated by or for the service provider in a case in which the material is made available online by a person other than the service provider”
Section C of the statute reads:
“The storage is carried out through an automatic technical process for the purpose of making the material available to users of the system or network who, after the material is transmitted as described in subparagraph (B), request access to the material from the person described in subparagraph (A).”
In other words, you cannot sue Tik Tok for user-generated content, but you may sue the person using your intellectual property without permission.
So instead of filing a lawsuit, we recommend that you report the infringing activity to Tik Tok via the form above.
Is a Demand Letter a Legal Document?
Yes. As the name suggests, a demand letter is a legal document that threatens civil action if the person receiving it does not comply with the demands. You may use one to ask for compensation or to ask the infringing party to take down your content. The letter should contain:
- A short and clear notice that you or the copyright owner is aware of the infringing activity.
- A reason the infringing party owes you compensation.
- And a demand. It could be compensation or a condition.
If you receive a demand letter, it is in your best interest to verify its authenticity because copyright trolls may use demand letters for extortion. We recommend consulting with an attorney before sending any money.
What to do if you Receive a DMCA Takedown Notice on Tik Tok?
Under the DMCA act, if you receive a takedown notice, you may file a counter-notice. On Tik Tok, you may use this counter-notice form, or if the individual sent you a takedown notice directly, you may create and send one back using the DMCA takedown builder linked above.
Your counter-notice should contain:
- Your contact information, including email.
- The infringing material and location before it was deleted.
- A statement under penalty of perjury that the deleted material was removed due to misidentification or by mistake.
- Consent to the authority of the federal court.
How to Avoid Copyright Takedown on Tik Tok
- Do not use songs that are not on the platform. You may use original work or parody if you “transform” original work into something new.
- Avoid using other people’s intellectual property without written consent.
- Make sure that your videos are compliant with fair use doctrine.
- If you receive a DMCA takedown notice, removing the video may help you prevent legal action.
- If you decide to take civil action, you should collect evidence including screenshots.
- When Tik Tok receives a valid takedown notice, it will delete or mute the video.
Remember: you may face civil action even if you credit the copyright owner.
Other DMCA Takedown Processes
If you need more advanced DMCA protection you can actively scan the internet for DMCA trademark infringements with DMCA Pro.