The recent discussions surrounding a potential TikTok ban in the United States have left creators and users in a state of uncertainty. President-elect Trump has suggested that he may delay the ban for 90 days, but it remains unclear what actions he can legally take or how the situation will unfold.
For creators who have invested time, effort, and resources into building a presence or creating original content on the platform, these developments raise critical questions: What happens to my content? Do I still own it? What about my data? This article explores the legal implications of a potential ban, your rights as a creator, and the steps you can take to safeguard your intellectual property and data amidst the uncertainty.
Ownership of Your TikTok Content
The good news is that the content you created on TikTok remains yours. Under U.S. copyright law, your original works—whether videos, music, or choreography—are automatically protected upon creation.
However, TikTok’s Terms of Service include a global license, which you agreed to upon uploading your content. This license grants TikTok the right to use, reproduce, distribute, and even monetize your content in countries where the platform remains active.
Even though you own the copyright, TikTok’s global license means your content can still be stored, displayed, and shared outside of the United States. This creates potential risks, including unauthorized use, reposting, or even monetization of your content by third parties. For example, individuals may download or share your videos on other platforms without your consent. In some cases, your content might be monetized by others, which infringes on your rights.
To address such issues, creators can rely on Digital Millennium Copyright Act (DMCA) takedown requests to remove unauthorized uses of their content. If your work appears on another platform without permission, a properly filed DMCA notice can compel the infringing party or platform to take it down. At Global Esquire Law Firm, we assist creators with monitoring and enforcing their intellectual property rights across platforms.
Protecting Your Intellectual Property
At Global Esquire, we emphasize proactive measures to safeguard your creativity and ensure your intellectual property remains yours. Here are four key steps:
1. Back Up Your Content
Download your TikTok videos and store them securely using reliable platforms like Google Drive or Dropbox. This ensures that your work remains accessible and under your control, even if the platform is no longer available in your region.
2. Register Your Copyrights
While your content is automatically protected by copyright law, registering your work with the U.S. Copyright Office strengthens your legal rights. Registration allows you to sue for statutory damages and attorney fees if your content is infringed upon. At Global Esquire, we guide creators through this process to ensure their intellectual property is fully protected.
3. Monitor for Unauthorized Use
Even after a ban, your content may still circulate on other platforms. Regularly monitor for unauthorized use of your work. Tools like Lumen Database and platform-specific reporting features can help identify and address infringements. If your content is being misused, filing a DMCA takedown request can compel platforms to remove it.
4. Understand the Terms of New Platforms
When expanding to other platforms like YouTube or Instagram, review their terms of service to understand how your intellectual property will be handled. Each platform has unique rules regarding ownership and licensing, so knowing your rights is essential. Global Esquire can assist with evaluating these agreements to ensure your rights are preserved.
What Happens to Your Data?
A TikTok ban does not automatically delete your personal data. According to TikTok’s privacy policy, the platform retains user information, which may include your profile details, activity, and content. TikTok’s global operations mean this data may still be stored and used in jurisdictions where the platform remains active. There are a few steps you can take to protect your data.
File a Data Deletion Request: Depending on your location, privacy laws like the California Consumer Privacy Act (CCPA) or General Data Protection Regulation (GDPR) may give you the right to request the deletion of your personal data. Global Esquire can help clients navigate TikTok’s privacy request form.
Monitor for Data Misuse: Even after submitting a request, stay alert for signs of data misuse. Websites like “Have I Been Pwned” can help you determine if your information has been compromised. Global Esquire provides assistance with data privacy issues and helps individuals take action if their rights are violated.
Monetization and Brand Agreements
For many creators, TikTok is more than a platform; it is a revenue stream. If you earned income through TikTok’s Creator Fund or brand partnerships, it is essential to understand your rights and protect your earnings:
Creator Fund Payments: TikTok remains legally obligated to pay out earnings accrued before the ban. If you experience delays or disputes, contact their support team via the TikTok Creator Portal. If the issue persists, Global Esquire can assist in escalating your claim.
Brand Partnerships: Review any contracts with brands tied to your TikTok presence. Many agreements include clauses addressing platform changes or disruptions. Understanding these terms ensures you meet your obligations while protecting your rights. Global Esquire specializes in contract review and negotiation for creators and businesses.
At Global Esquire, we see the TikTok ban as a chance for creators to reclaim control over their work and strengthen their legal foundation. Whether it’s securing your intellectual property, managing your data, or navigating new platforms, our firm is committed to empowering you every step of the way.
As a law firm with a global focus, we understand the challenges creators face in protecting their rights across borders. Creativity knows no limits, and neither should your legal protections. Let us help you protect your legacy and ensure your ambitions continue to thrive in any digital landscape. For personalized legal assistance, contact Global Esquire Law Firm today.
