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Can we use image posted on social network sites on our websites


13-Jun-2023 (In Trademark & Copyright Law)
Hi, I want to understand the legal implications of usage of GIPHY content on Twitter by a brand. Who owns the copyright and can a company/brand be penalised for using the content by any 3rd party, since the platform is an open source for GIFs, but doesn't own the content published on it. TIA
Answers (3)

Answer #1
623 votes
Hi, From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts. Thanks and regards
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Advocate Ganesh Singh

Adv. Ganesh Singh

LawRato Delhi | 5+ Answers
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Answer #2
536 votes
Friend Two things: 1 Type of usage 2 Open source content owner's conditions. Usually commercial use is restricted but not always. Open source does' t mean absolutely free for all. Although some time it is. We need to study the case after reseach of the content. We can regularly check the content before u post it. Then u will be safe. Regards
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Advocate Rishi Kulshresth

Adv. Rishi Kulshresth

LawRatoDelhi | 5+ Answers
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Answer #3
739 votes
GIF's are mostly created by taking out a particular clipping or a portion of an already existing work. Therefore, the creator of a GIF may not have any copyright over the same. However, if a brand uses a GIF on its twitter handle, the owner of the original works using which the GIF has been created may object to the same. The brand would be open to some liability, but the nature and extent of the liability shall depend on the facts and circumstances. The response to your query is therefore subjective and shall depend on the GIF used. It may fall under copyright infringement in which case the defense of fair use including criticism, review and parody may be used.It may also fall under trademark infringement in which case the defense of nominative fair use may be used.
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Advocate Ishani Chandra

Adv. Ishani Chandra

LawRatoDelhi | 25+ Answers
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