[FAQ]

Hi, I’m trying to get a really clear, black-and-white answer on this.

Setting aside the complexities of ‘fair use’ for a moment, is the basic act of uploading a clip from a copyrighted movie or TV show to TikTok technically legal? I see thousands of these videos, which implies it might be okay, but basic copyright law seems to suggest it isn’t.

Is there some kind of special agreement TikTok has with studios that allows this, or is everyone just technically breaking the law and hoping they don’t get caught? I’m just looking for a straight answer on the baseline legality of it.

[Jeff Bullas]

That’s the most direct and important question you can ask on this topic.

The Bottom Line: No. From a strict legal standpoint, posting copyrighted movie clips without the owner’s permission or a licence is copyright infringement. It is not legal.

The reason you see this content everywhere is due to a complex mix of selective enforcement and the legal defence of ‘fair use’, not because the act itself is permitted.

Under copyright law, the owner of a creative work has the exclusive right to reproduce and distribute it. When you upload a movie clip, you are creating a copy without permission, which is a direct infringement of that right. The reason these videos are so common is twofold. First is selective enforcement; many studios choose to ignore this infringement because fan edits and commentary can function as free marketing, but they reserve the right to have your content removed at any time. The second reason is the legal concept of fair use, which is a defence you can use if challenged. This defence is strongest when your own video content format is highly transformative, meaning you add significant criticism, commentary, or parody. However, relying on either of these is a calculated risk, not a legal right.

Cheers,

Jeff

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