Let's call in an expert for some help with this one.

Kerry O'Shea Gorgone is a content creator and also an attorney. (Even so, keep in mind that what follows shouldn't be considered legal advice, which only your attorney can give you.)

What's the difference between copyright, fair use, and for attribution?

Kerry O'Shea Gorgone: Copyright is actually a bundle of rights held by the owner of a creative work. For example, if I write a book, I alone hold the right to reproduce it and distribute copies, publish the book, perform or display it publicly, or create derivative works based on it.

Fair use is a legal defense against a claim of copyright infringement. The most important thing to realize about fair use is that it won't prevent you from being sued: You only raise the defense once you're already involved in litigation.

The court in a copyright infringement case uses four factors to decide whether your use of the copyrighted work is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use on the potential market for, or value of, the copyrighted work

Figuring out which uses are fair from a legal standpoint can be tricky, and ultimately your best guess might be wrong. That's why brands should err on the side of caution and get express written permission before using someone else's content for marketing.

For attribution allows use with credit to the author or creator of the work. It's ethical (and nice) to provide attribution, but it will not protect you from a claim of copyright infringement, unless the author of the original work released it under a Creative Commons license.

These types of licenses permit the free use of creative works, provided certain conditions are met. Different license types have different restrictions. The least restrictive is an Attribution license, meaning you may use the work so long as you credit the original author.

Can I Just Link?

What about reprinting online content in an offline publication? Or quoting in social media—say, in an Instagram image? Do I need to let the author know or seek permission or can I simply link to the original source?

KOG: Any time you reproduce content in its entirety (or even reproduce a large portion of it), you should get permission.

When quoting in social media, so long as the quote is accurate and doesn't amount to a huge portion of the original work, you should be okay if you cite and link to the original source.

If you can't link to the original source (for example, if the source is an out-of-print book), provide all the information you possibly can so that your readers can find the book. Also, avoid using too much of the source information in your own post. In this instance, I'd probably make an effort to include details like full title, publication date, and publisher.

Always ask for permission before reproducing someone's content (online or offline), because fair use is nearly impossible to determine in advance of a lawsuit, and because if the owner says yes (gives you permission) you're in the clear.

Do get permission in writing, however. Memories fade and a verbal okay may not be enough to clarify the terms of your use.

What About Images?

KOG: It can sometimes be risky to use a photo that you find tagged with a Creative Commons license (creativecommons.org/licenses) because it's possible that the person who posted it was not the copyright holder. Google offers a reverse image search, which can be helpful if you want to make sure that the original owner of a photo you want to use has in fact released the rights.

Copyright applies to all different kinds of creative works (musical compositions, motion pictures, works of literature, paintings, sculptures, etc.). Consequently, most types of content are subject to the same rules. Applying these rules can be tricky, though, because you can't really introduce a photo the way you can a literary work.

You often need to display an entire image to illustrate your point, which is, by definition, reproducing the entire picture. If you must do this, I'd recommend embedding the original creator's Instagram post, tweet, or social update on your website (using the embed code provided by the relevant social platform). That way, all the information and context are available to readers.

I would not upload someone else's image to my website, even with attribution, unless I had express written permission. Given the mushy definition of fair use, it's just not worth the risk.

How About Logos and Screenshots?

KOG: Trademark law protects logos in a way similar to how copyright law protects creative works. You're covered by fair use if you're displaying a logo or trademark for purposes of commentary, comparison, and so on, but you must be very careful not to make false or defamatory statements about that brand.

If your content is educational in nature and you are using logos to make a point about effective logo design, or, say, the role color plays in consumer buying behavior, you're less likely to meet an objection from the brand.

By contrast, if you display a company's logo above text that details why the company is irresponsible and how you are a better choice for people who care about the environment, you are more likely to find yourself embroiled in a legal tug-of-war, even if you ultimately prevail in court.

Lawyers generally recommend exercising caution in the use of others' trademarked property, and using logos or screenshots only when it's absolutely necessary to make a point.

* * *

What about TikTok sounds? How can creators use copyrighted songs and snippets on the app for free but we often can't use those same songs on YouTube?

TikTok has agreements in place with the major music labels and many media companies (like Disney) that allow TikTok to host music, lyrics, character voices, and other copyrighted sounds on its app. YouTube does not.

You could still receive a copyright infringement notice from TikTok, though, if you upload a copyrighted song from outside the platform. Do that too many times, and TikTok might even shut down your account.

Ditto for putting other types of copyrighted work into your TikTok videos—like art or movie clips.

The songs offered on TikTok are licensed. So as long as you don't start uploading outside music, you should be good. Of course, licensing agreements could always change.

But for now … we can all lip-sync to The Little Mermaid's Ursula: “No more talking, singing.”

One Final Point

I like the advice that Kerry shared as an aside: Don't be an asshat.

Taking something that doesn't belong to you? Asshat.

Taking credit for someone else's work? Definitely asshat.

Entire sites are devoted to hating on people who have plagiarized or stolen other people's copyrighted work. You don't want to end up on one of them.