News
August 11, 2026
Social media has transformed the way content is created and shared, but copyright law remains fully applicable in the digital space. In South Africa, the Copyright Act 98 of 1978 protects original works such as photographs, videos, articles, graphics, music, artistic works and computer programs from unauthorized use. Copyright arises automatically upon creation and generally does not require registration.
Copyright Ownership
As a general rule, the creator of a work is the first owner of copyright. However, ownership may differ where content is created during employment, commissioned under specific agreements, or jointly created. Uploading content to social media does not usually transfer ownership, although users often grant platforms a licence to host and distribute their content in accordance with platform terms and conditions.
How Copyright Protects Social Media Content
The Copyright Act grants creators exclusive rights to reproduce, publish, adapt, distribute and communicate their works to the public. As a result, content posted on social media cannot be copied, republished, modified or commercially exploited without authorization unless a legal exception applies.
Common examples of infringement include:
- Reposting photographs without permission;
- Uploading copyrighted music or videos;
- Using third-party graphics in advertising campaigns; and
- Republishing articles or content without consent.
Moral Rights
In addition to economic rights, creators enjoy moral rights, including the right to be identified as the author of a work and the right to object to alterations that may harm their reputation. Reposting content without proper attribution may therefore give rise to legal concerns.
When Can Copyrighted Content Be Used Legally?
The lawful use of another person's copyrighted work may occur where:
- Permission or a licence has been obtained from the copyright owner;
- The use falls within a recognised fair dealing exception, such as criticism, review, research, private study or reporting current events;
- The work forms part of an incidental inclusion in a photograph or video;
- The copyright has expired and the work has entered the public domain; or
- The content is distributed under an open licence, such as a Creative Commons licence.
Copyright and Other Intellectual Property Rights
Social media content may also be protected by other forms of intellectual property law, including trade marks, registered designs and the common law remedy of passing off. Businesses should therefore ensure that their online content respects all applicable intellectual property rights.
Remedies for Infringement
Where copyright is infringed, the copyright owner may seek legal remedies including interdicts, damages, royalties and the removal of infringing content. In certain cases, infringement may also give rise to criminal liability.
Conclusion
The fact that content is publicly available on social media does not mean it is free to use. Businesses, influencers and content creators should ensure that any third-party content used in social media publications is properly licensed, authorised or falls within a recognised legal exception. Understanding copyright and broader intellectual property principles is essential to maintaining a lawful and responsible online presence.
