As a business owner, you’ve likely heard the advice to delegate and outsource, especially when it comes to managing social media. It sounds like a smart move—hire a freelancer, let them handle the content, and focus on running your business. But as one digital marketing expert put it, “Businesses think they can hire a freelancer and ‘set and forget’ what’s happening on their channels, but this is very risky. The owner or marketing leader needs to have set rules in place for their third-party providers. Regular check-ins about activities and what content is shared are crucial to prevent mistakes and reduce risks.”
Unfortunately, one of my clients learned this lesson the hard way. They had outsourced their social media management without closely monitoring the content being posted. When a mistake was made, the responsibility ultimately fell on them as the business owner.
Under U.S. copyright law, strict liability applies—meaning that even without intending to infringe, you can still be held liable for damages. In this case, my client was hit with a $15,000 penalty for an image that was shared without proper authorization.
When they received a letter from the attorney representing the copyright holder, my client immediately removed the offending images from their social media. But the damage was already done. The law allows for statutory damages ranging from $750 to $150,000 per infringed work, plus attorneys’ fees. In this situation, there was no question about liability; the only matter left was determining the size of the penalty.
Moving forward, my client and their contractor have learned a valuable lesson: If you don’t own the images, don’t post or repost them. Always use images with the owner’s permission, and make sure to document everything. Best practices only work if you apply them consistently.
Additionally, it’s essential to review your agreements with social media contractors. Ensure that your liability is limited and clearly define who is responsible when mistakes happen.
Have questions about using images for your business? Contact us to avoid costly mistakes like this one. We’re here to help you navigate the complexities of copyright law and protect your business.