Reporting IP Infringement on Instagram

Instagram is the most widely used social media platform today. By utilizing various content creation tools available on Instagram, users create reels using any audio song from the Instagram music library or with their original audio. This leads to copyright infringement issues. Instagram also allows brands and businesses to connect with a vibrant community of shoppers. These create trademark infringement issues.

Instagram also allows the right holder or any authorized agent of an individual or an organization to report copyright and trademark infringement. It has devised the following procedures for reporting copyright and trademark infringement.

A. Procedure to report copyright Infringement

If you believe content on Instagram is infringing your copyright, you can take one or more of the following actions:

• Filling the form:

The following details are required:

1. Full name

2. Mailing address

3. Email address

4. Name of the rights owner (Applicable if you are any other person reporting on behalf of your organization or client. This may be your full name or the name of the organization for whom you are the authorized representative.)

5. Where is the rights owner based? (Applicable if you are any other person reporting on behalf of your organization or client.)

Further, you need to choose the type of your copyrighted work, whether it is your photo, video, text or any other work. You also must attach links (URLs) to the copyrighted work. Additionally, you must provide a description of your copyrighted work.

The next step is to choose the type of content you are reporting. These may include photos, videos or posts, stories, advertisements, or any other post which infringes your copyrighted work. You also have to provide links (URLs) leading directly to the specific content you are reporting. You can report multiple links (URLs) by entering one link per line. You need to add the description providing the reasons for reporting the content. The reason may be that the content copies your work, you appear in the content, or the content uses your name. You can also provide any additional information to support your claim.

Instagram requires the user to have a good faith belief that the reported use is accurate; and, under penalty of perjury, declare and digitally sign that you are authorized to act on behalf of the

owner of the intellectual property rights at issue. Please note, abuse of this form may result in the termination of your Instagram account.

• Brand Rights Protection or designated agents:

One can also report copyright infringement on Instagram by using Brand Rights Protection, or by contacting Instagram’s designated agent under the notice and counter-notice procedures of the United States Digital Millennium Copyright Act (DMCA) by filling the form mentioned above.

B. Procedure to report trademark Infringement

Instagram provides the following two redressal mechanisms for reporting trademark infringement and specifically counterfeit products:

• Filling the form:

The following details are required:

1. Full name

2. Mailing address

3. Email address

4. Name of the rights owner (Applicable if you are any other person reporting on behalf of your organization or client. This may be your full name or the name of the organization for whom you are the authorized representative.)

5. Where is the rights owner based? (Applicable if you are any other person reporting on behalf of your organization or client.)

Further, you need to attach links (URLs) to the rights owner's official online presence. Additionally, you need to provide information regarding the name of your trademark, registration details and attach the registration certificate.

The next step is to choose the type of content you are reporting. These may include photos, videos or posts, stories, advertisements, or any other post which infringes your trademark. You also have to provide links (URLs) leading directly to the specific content you are reporting. You can also report multiple links (URLs) by entering one link per line. You can also provide any additional information to support your claim.

Instagram requires the user to have a good faith belief that the reported use is accurate; and, under penalty of perjury, declare and digitally sign that you are authorized to act on behalf of the

• Brand Rights Protection tool:

This is another mechanism to seek redressal which enables a rights holder to identify and report violating content for a trademark.

Primarily, Instagram advises the user to send a message to the person who posted the content and resolve the issue with them directly, without contacting Instagram.