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Navigating social media copyright can be like sailing in uncharted business owner data waters. With every new wave of social trends come unanticipated legal consequences. Risks like trending sounds, user-generated content (UGC) and creator partnerships can rock even the most responsible, well-meaning brands.

A Tweet from @katywellhousen that reads: "i love this creator but there are so many legal flags in this sponsored video it’s bananas (to be clear it’s not on the creator, it’s on the brand to make sure the content they approve is FTC-friendly)." Attached to the Tweet is a video from a creator for a hangover recovery supplement. The Tweet is part of a thread that names all of the legal red flags in the video.

While dodging infractions, you must balance protecting your own intellectual property. As Kelley Gordon, Partner at Marshall, Gerstein & Borun, says, “Copyright risks for brands are twofold—brands are not only at risk of being accused of copyright infringement for posting third party content…they also risk third parties reposting [their] original content.”

In this guide, we outline the specific practices your company should follow when posting social media content to help avoid social media copyright infringement and protect your brand. Keep reading for more tips from Kelley Gordon, an expert in copyright and intellectual property law, and examples that will help you create a proactive social media policy.