@draxtonlaw: Sometimes brands need a copyright law refresher course. TikTok shop creators and UGC creators have rights. DM me to chat. #UGCCreator #copyrightinfringement #tiktokshopcreator #lawyer A brand steals your TikTok, turns it into a Meta ad, and never pays you. Your copyright isn’t registered. What could they actually owe you? You may still have a valuable copyright claim. First: actual damages. One potential measure is the fair market value of the license the brand should have paid you for the actual use it made of your content. But here’s where it can get interesting. Copyright law can also allow you to pursue the infringer’s profits attributable to the infringement that aren’t already accounted for in your damages. So if your stolen creative was used to sell a significant amount of product, the conversation isn’t necessarily limited to: “What would you have charged for this UGC?” It can also become: “How much profit did the infringer make that is actually attributable to using it?” So creators: screenshot the ads. Save the URLs. Document how long they ran and where. Preserve your original content. Because even without a preexisting copyright registration, unauthorized commercial use of your content can potentially create a real damages claim. Attorney advertising. General information only, not legal advice. Copyright registration may be required before bringing a federal infringement action, and available remedies depend on the facts and timing of registration.
