IP theft and monetisation frictions

There is growing evidence to support the claim that content creators, especially on social media platforms, face significant challenges in protecting their intellectual property (IP), dealing with copycats, and navigating a lack of transparent monetisation options. Below are some key pieces of evidence and research that highlight these issues:

Intellectual Property (IP) Theft and Copycats

Prevalence of Content Theft:

A 2021 report by the World Intellectual Property Organisation (WIPO) highlights the growing challenge of IP theft, particularly in digital spaces, including social media. As social media allows content to be shared and replicated instantly, creators often struggle to maintain control over their original content.

Platforms like TikTok and Instagram have come under scrutiny* for enabling reposts and copies of viral content, where creators see their work duplicated without permission or credit.

Influencer Marketing Hub notes that influencers and content creators frequently complain about having their creative concepts copied, either by other creators or even by large brands. These actions often go unchecked due to the complexity of enforcing copyright in digital spaces.

Lack of Robust Copyright Enforcement Mechanisms:

Creative Commons highlights that content creators often rely on platform-specific tools (such as YouTube’s Content ID system) to enforce copyright. However, smaller creators who may not have access to these tools or whose content does not meet threshold requirements face difficulties in protecting their IP.

A study by the Australian Copyright Council (2020) found that content creators on platforms like Instagram and TikTok have limited recourse when their work is stolen or replicated without attribution. Copyright enforcement is weak, especially for images, memes, and short videos.

Brands and Big Companies Copying Creators:

Numerous cases have emerged where large brands have been accused of copying or using creators’ content without permission. For example, Diet Prada frequently exposes fashion brands that copy designs from independent creators. These cases can be difficult to fight for creators without legal resources.

Lack of Transparent Monetisation

Opaque Revenue Models on Social Platforms:

A 2021 report from The Verge highlighted that social media platforms like YouTube, Instagram, and TikTok offer limited transparency in terms of how creators are paid. This can leave creators with little understanding of how much they’ll earn, particularly from ad revenue or sponsored content.

Platforms like YouTube and Twitch have long faced criticism for their revenue-sharing models. For example, on Twitch, streamers split subscription and ad revenue with the platform, but the exact breakdowns are often unclear, and changes to revenue structures are made with little notice.

Dependence on Platform Policies:

A survey by Influencer Marketing Hub (2021) found that many creators express frustration over changes in algorithmic promotion and monetisation policies on platforms like Instagram and YouTube. These policies often impact content visibility and income unpredictably, leaving creators feeling uncertain about their earnings.

Patreon, a platform built specifically for creators to directly monetise their audiences, saw a massive influx of creators frustrated with the ad-driven models of traditional social media. While Patreon provides more control, even here, creators often struggle with fees and platform policies that limit their earnings.

Issue of Sponsorships and Creator Brand Partnerships:

For creators seeking direct monetisation through brand partnerships, there is evidence of uneven power dynamics between brands and creators. A study from CreatorIQ found that creators often struggle to negotiate fair compensation for their work and are frequently underpaid compared to the value they deliver in terms of audience engagement.

The Atlantic reported that many small-to-medium creators lack transparent contracts or payment systems when partnering with brands, leading to payment delays or underpayment for their creative contributions.

NFT Market and Blockchain Solutions for IP Protection

Emergence of NFTs (Non-Fungible Tokens) as a Tool for IP Protection:

Blockchain technology and NFTs offer potential solutions for protecting creator rights by providing verifiable ownership of digital content. A 2021 study by Deloitte highlights how NFTs allow creators to tokenise their work, ensuring that ownership and originality can be verified and traded in a transparent manner.

However, NFT marketplaces, while providing more ownership, are not without their own issues, including IP theft. Platforms like OpenSea have been plagued by stolen artworks being minted as NFTs by individuals who do not own the original works. This has created additional challenges for creators trying to protect their content.

Copyright in the age of Web3 and digital platforms:

As Web3 technologies grow, creators are exploring decentralised platforms that allow them to protect their work and control monetisation through smart contracts and decentralised distribution models. However, mainstream social media platforms still dominate content distribution, limiting how quickly these new models can be adopted.

Research and Surveys Supporting These Claims

The Creators Rights Report (2020) by The Alliance for Intellectual Property highlighted that 73% of content creators surveyed had faced challenges with unauthorised use of their work on social media. Many creators expressed dissatisfaction with the limited protections available on platforms.

The Digital Creators Survey (2021), conducted by HypeAuditor, found that 62% of content creators reported feeling under-compensated for their work on social media platforms, especially with changing algorithms affecting content reach and income.

The “Influencer Economy Report” (2021) from Mediakix indicates that content creators face ongoing battles with platforms over copyright and monetisation, particularly with issues around shadow banning, demonetisation, and unauthorised replication of content.

Legal and Advocacy Developments

Influencers and creators are increasingly lobbying for stronger intellectual property protections and more transparent monetisation structures. Advocacy groups like The Internet Creators Guild (ICG) are pushing for better copyright protections, clearer monetisation standards, and platforms that offer creators more control over their content.

In 2021, YouTube updated its Copyright Match Tool to help small creators protect their videos from being stolen or duplicated by larger channels, but the effectiveness of this tool has been debated.

*Scrutiny of TikTok and Instagram

There have been multiple instances where TikTok and Instagram have come under fire for enabling reposts and copies of viral content, which has caused frustrations for creators due to intellectual property (IP) concerns and the difficulty in protecting original content. Here are some sources and examples that highlight these issues:

TikTok and Content Theft Concerns

TikTok’s Nature of Viral Content: TikTok’s structure, which promotes trends, challenges, and remix culture, has inherently led to concerns around content theft. Many creators have complained that their original ideas, choreography, and videos have been copied without credit.

Example: The “Renegade” dance was originally created by a teenage dancer, Jalaiah Harmon, but the viral trend was replicated by other prominent TikTok creators without giving her credit. This caused significant public outcry and discussions about how TikTok’s structure allows original creators to be overlooked in favour of larger influencers.

Source: The New York Times article, “The Original Renegade”, detailed how Jalaiah’s work was appropriated without acknowledgment and called attention to the larger issue of creators not being credited for viral trends on TikTok .

Platform Limitations for IP Enforcement: TikTok has been criticised for having limited tools to enforce copyright or prevent others from duplicating original videos, particularly in cases where content is slightly modified or remixed.

Source: A 2020 article from Business Insider titled “TikTok creators are calling out the app’s copycat problem” reported on how creators’ content, including dances and memes, were being widely copied without credit, and how TikTok’s viral culture often overlooked the original creators

Instagram’s Repost Culture and Copying Concerns

Reposting Without Permission: On Instagram, repost accounts often reshare viral content from smaller creators without credit, leading to issues of content appropriation. Instagram influencers and meme accounts frequently face this issue, where viral content is reposted without attribution, leaving original creators with little control.

Example: Many photographers and digital artists on Instagram have raised concerns about repost accounts that publish their work without permission or credit. These reposts can generate millions of views, with the original creator missing out on the recognition and potential monetisation.

Source: The Verge reported in the article “Instagram artists say big accounts are reposting their work and profiting” (2019), that Instagram’s lack of robust tools to protect creators’ IP and the widespread culture of reposting have caused frustration, particularly in the art and photography communities .

Challenges for Small Creators: Many small creators, especially in industries like art, music, and fashion, have reported seeing their original ideas, designs, or photos being duplicated or repurposed by other Instagram users or brands without credit or compensation.

Source: Wired highlighted this issue in an article titled “Instagram’s repost problem: how small creators are left behind” (2020), which explored how viral content is often exploited by larger influencers or brands, and how smaller creators struggle with enforcement of copyright claims

Broader Criticism of Viral Platforms

Impact on Monetisation: Both platforms have been criticised for not providing adequate monetisation models for creators, while allowing viral trends to be easily copied or reused by others. As platforms focused on user-generated content, TikTok and Instagram often prioritise the viral spread of content rather than the protection of the original creator’s IP.

Source: In a piece titled “TikTok and Instagram under fire for failing to protect creators”, The Drum (2021) discussed how creators are regularly finding their viral content repurposed or reposted with no proper credit or compensation, highlighting the need for better creator protections and revenue-sharing models .

Legal and Advocacy Efforts

Content Creators Pushing for Stronger IP Protections: Advocacy groups like The Internet Creators Guild (ICG) and influencer unions have been vocal about the need for stronger IP protections and content ownership mechanisms on platforms like Instagram and TikTok. These groups are pushing for more transparent content usage policies and better tools for creators to manage how their work is shared and monetised.

Source: The New York Times and BBC have covered these advocacy efforts, with many creators arguing that the lack of effective IP enforcement leads to a system where copycats and reposts thrive at the expense of originality.