TikTok: Is time up for copyright, data and privacy?

Nikkie Kitching
Aug 31, 2020
7 min read

Let’s break it down…

Ever seen people lip-syncing or doing synchronised dancing in front of their phones? No, it’s not their audition tape for the X Factor nor is it for their secret dance archives. Or it could be, who knows. However, it’s most likely that they are creating a Tiktok video to add to their social media.

TikTok, a social media app, owned by Chinese company Bytedance, has taken the world by storm, especially as a great source of entertainment during the pandemic. For those familiar with mainstream apps, TikTok originally started as Musical.ly, a lip-syncing app. After much developing, the company created TikTok which allows users to upload videos and includes features such as music, filters, duets and special effects. Sort of like a marriage of Snapchat, Vine and Instagram stories but with better lighting. By combining music, dances and challenges, the platform has brought millions together. As actors, musicians, dancers and reality TV stars have moved to the app, the general public has followed suite. It currently has an estimated value of £75 billion.

However, certain legal issues have been floating about since TikTok's inception. How has the app changed the way we look at issues like copyright, data protection and privacy?

Copyright

Copyright is at the heart of any creative app and TikTok is an excellent example of this. Once signed up to the app, TikTok allows a user to record a video of themselves. The user can then choose from a range of sounds, music and dialogue that can be used in the background of their video. The app has catapulted many rising musicians into the mainstream scene and has allowed for their music to be recognised. This is particular with songs such as Lil Nas X's song "Old Town Road" and Megan Thee Stallion’s "Savage" that have been used countlessly for dance challenges.

The relationship between TikTok and music industries is a strange one. On the one hand, a lot of artists are gaining exposure and popularity which is leading to more streaming of songs. On the other hand, the music industry is upset that a substantial amount of their music is being used illegally. According to David Israelite, chief executive of the National Music Publishers Association, a lawsuit for copyright infringement is a "likely future step".

When it comes to a piece of music, copyright comes in two forms. The first is the artist that creates and sings the song. The second is when it is all put together and the finished piece is recorded in a studio. This copyright belongs to the recording label. The general principle is that music can be used provided that permission is granted by the owner or creator of the music. Once granted, royalties are paid. Music and record companies ensure that their artists are not only paid but also that of any composers and other musicians involved are paid accordingly. In TikTok’s case, you are allowed to use the music available on the app as TikTok have negotiated the relevant licence agreements in place. To not have licensing agreements in place would mean to use somebody else's music illegally.

However, many music rights holders have claimed that TikTok may not have appropriate licenses for some songs found on the app. One major example is Universal Music Group which is home to famous singers like Taylor Swift, Lady Gaga and Billie Eilish. Universal have stated they have come across songs on the app that weren't previously agreed to be used. Currently, both TikTok and Universal are still in negotiations in terms of licensing deals but have not yet reached an agreement. More and more companies are threatening to sue the app, including VNG, a Vietnamese technology company, the most recent company to come forward.

As TikTok are being made aware of this, they have been more vigilant when it comes to issuing copyright infringement notices on the platform. A user should expect to receive this if they use music that can't be found on the platform. There is also the issue that many users can upload a video of them lip-syncing words from their own television or laptop and this audio can be used by other users as well. Would this constitute copyright infringement? Perhaps not, as you the user have agreed to have others use your audio. So far, as a TikTok user who has used other's people's audios, I have yet to receive a copyright notice. This is, of course, subject to change.

Data protection and privacy

These days, billions of people have personal data that can be found online. This could be through a social media app, dating website or work platform. As we all move towards a technological era, it is becoming increasingly important to protect our data as well as understand the dangers present online.

TikTok has come under fire when it has come to how they handle data of their users. As the app is still fairly new, lawyers around the world have questioned how matters of data and privacy are handled on the app. This is especially critical when it comes to young children who form a large part of the TikTok demographic. The minimum age to sign up to the app is 13. Though there is a way for those under 13 to use the app, being 13 or over gives you the full TikTok experience.

In the US, the data of children is governed by Children’s Online Privacy Protection Act (COPPA). Their rules apply to websites, mobile apps and any internet websites that is open to children's use. COPPA will also extend its jurisdiction outside of the US, for example, if a company has their headquarters in the US or if your data is being processed through US based servers. This means that even if your company is based in the UK but you have a data connection to the US, COPPA will continue to apply.

In 2019, TikTok was fined under the act for collecting children data illegally. The fine was roughly $5.7m (equating to £4.28m). The Federal Trade Commission had based this on four points:

TikTok did not obtain permission from the user’s parents to retain their data
TikTok did not secure the minor’s data from third parties
TikTok did not delete the user’s information even after their parents had requested this
With TikTok still having children’s information public on the app, this meant that adults were able to contact them

Under COPPA, it is stated that those under 13 must obtain parental consent before personal information can be collected or shared with an app or website. This included names, email addresses and uploaded photos. When TikTok illegally collected this data, they were in direct violation of the rules. Users under the age of 13 at the time of the fine also had their videos subsequently removed.

The main question surrounding children using the app is how to best protect them from harmful content and prevent other users taking advantage of them. The difficulty is that any child under the age of 13 can always input a different age into the app. Whilst this is something that TikTok cannot fully prevent, it is the hope that parents of children under 13 speak to their child about any dangers they may face whilst active on the app.

TikTok has stated that they have implemented additional measures so as to ensure the utmost safety for its young users. Should a parent still feel concerned about a child's activity on TikTok, they can use the Family Safety Mode feature. In this respect, parents can sign up to the app themselves and link their own accounts to that of their children so that they are aware of their child's activity. Much like Instagram, there are also advanced settings that can be turned off. A child can set their default profile to private, turn off comments from other users and limit who can send you direct messages. Parents are encouraged to make use of these functions accordingly.

Across the pond, the EU also handles data protection in a rigorous way under the GDPR. In the UK, the Information Commissioner’s Office (ICO) are currently investigating the app and checking if it complies with data protection rules, specifically with children's information. Should the ICO come across any breaches in respect of GDPR, this could mean a substantial fine for TikTok (roughly £18m or 4% of the revenue, whichever is the higher amount).

Final thoughts

While the rumours about the US banning TikTok have proven to be just ‘rumours’, there is the question of how long the app will continue. As TikTok is still growing and continues to grow exponentially, the app’s legal team will need to address any existing and future legal hurdles. This includes analysing methods when it comes to copyright and monetising.

Whilst our attention this year has mainly been focused on Covid-19 and bringing businesses back to light, the relevant bodies that govern data protection and privacy still have their radar on TikTok's activities. The problem with data is that because there is so much of it on the internet, it is difficult to come up with a strategic plan where all of it is kept confidential. For those who are looking to join TikTok but are wary of their data or personal information, it would be best to scan through the app’s privacy policy to better understand your personal standing as a user.

In other related news, Instagram has recently created a new feature on their app called Reels which is similar in nature to TikTok. Upload a video, add music or special effects and then post. Bam! You have yourself a 'Reel'. Is it me or are apps starting to copy each other's features to stay relevant? Perhaps that is a sub question for another time. For now, TikTok seems to be here to stay.

For more information on TikTok and any related updates, check out the following links:

TikTok: Is time up for copyright, data and privacy?

Recent Posts

Comments