Content that infringes others' intellectual property is not allowed under TikTok's terms
TikTok requires users to comply with its Terms of Service and Community Guidelines, and says those documents do not allow content that violates or infringes someone else's intellectual property rights, including copyright and trademark. This policy explains how that rule is applied to copyright and trademark; the Terms of Service and Community Guidelines themselves are linked but are not part of this document.
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TikTok respects the intellectual property rights of others and requires compliance with the [Terms of Service](https://www.tiktok.com/legal/terms-of-service) and [Community Guidelines](https://www.tiktok.com/community-guidelines) which do not allow content that violates or infringes someone else's intellectual property rights, including copyright and trademark.
Not stated here
The linked Terms of Service and Community Guidelines are not supplied in this source, so their exact wording on intellectual property is not analyzed here.
Content & IP Rights · User right or choice
Users outside the EU can appeal a copyright removal in the app
In the part of the policy for users located outside the EU, a user whose content was removed after a copyright report may, in addition to asking the copyright owner for a retraction, submit an appeal in the TikTok app from the removal notification. The policy notes that the US DMCA or similar laws describe how an affected user can appeal with a compliant counter-notification. The user must provide all required information, including contact information and supporting evidence; TikTok may follow up with questions, and missing information may limit the investigation and may lead to the appeal being denied.
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Copyright Infringement Appeal
you can reach out to the copyright owner directly to request a retraction
You may also submit an appeal within the TikTok app, which can be accessed from the in-app notification sent to you.
Please be aware that the United States DMCA or similar laws in other countries provide instructions on how an affected user can appeal a removal by submitting a compliant counter-notification.
To facilitate the evaluation of your appeal, you'll need to provide all required information, including your contact information and any evidence to support your claim.
Failure to include necessary information may limit our ability to investigate your claims and may result in your appeal being denied.
Qualifications & exceptions
This paragraph sits in the section for users located outside the European Union; EU users have a separate appeal description.
Not stated here
The DMCA counter-notification requirements are referred to but not set out in this policy.
Content & IP Rights · Company practice
Reinstating appealed content is at TikTok's sole discretion
TikTok may reinstate removed content if the content does not infringe the rightsholder's copyright, or if TikTok does not receive notice that the copyright claimant has filed an action seeking a court order to keep the content down under the US DMCA or similar laws. Either circumstance permits, but does not require, reinstatement: the decision is at TikTok's sole discretion. Content already deleted after the retention period can no longer be reinstated.
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We may reinstate your content if the content does not infringe on the rightsholder's copyright or we do not receive notice that the copyright claimant has filed an action seeking a court order to keep the content down pursuant to the United States DMCA or similar laws in other countries.
The decision to reinstate any content is at TikTok’s sole discretion.
Qualifications & exceptions
"May reinstate" — reinstatement is discretionary even when a listed circumstance applies.
Separately, the policy says deleted content can no longer be reinstated.
Not stated here
The policy does not say how long TikTok waits for notice of a court action before deciding.
Content & IP Rights · User right or choice
Users in the EU can appeal a copyright report in the app
A user located in the EU who receives a copyright infringement report and believes they have the right to post the content can submit an appeal within the TikTok app, from the in-app notification.
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If you are a user located in the European Union
If you receive a copyright infringement report and believe that you have the right to post the content in question, you can submit an appeal within the TikTok app, which can be accessed from the in-app notification sent to you.
Not stated here
The EU section does not describe what information an appeal needs, whether it is forwarded to the reporter, or how reinstatement is decided; this is a local omission, not a statement that those steps do not apply.
Content & IP Rights · User right or choice
EU law allows quotation, criticism, review, caricature, parody and pastiche if the use is fair
The policy says that under EU law users may use copyrighted works without the copyright holder's authorization for quotation, criticism, review, and for caricature, parody or pastiche, provided the use is fair. EU countries may provide additional exceptions. For a use to be fair it should, where applicable, be no longer than necessary, sufficiently acknowledge the source, and not unreasonably harm the rightholder's legitimate interests.
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Under EU law, users are allowed to use copyright works without the authorization of the copyright holder for quotation, criticism, review and for the purpose of caricature, parody or pastiche provided that such use is fair.
EU countries may also provide for additional exceptions.
In order for any use of copyrighted work to come within an exception or limitation, it must be fair.
Qualifications & exceptions
Only uses that are fair qualify.
Stated as EU law, in the section for users located in the European Union.
Not stated here
Additional exceptions that individual EU countries may provide are not listed.
Content & IP Rights · Context
What quotation, criticism and review mean under the EU exceptions
The policy explains that quotation means using an extract from a copyright-protected work to illustrate an assertion, defend an opinion or engage in debate. Quotations may also be used to criticise a work, such as critical commentary on a movie, or to review one, such as reviewing a book or album. These uses still have to be fair.
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Quotation, criticism and review
Quotation is the use of an extract from a copyright-protected work for purposes such as illustrating an assertion, defending an opinion or engaging in debate.
Quotations may also be used for the purposes of criticising a copyrighted work (e.g. critical commentary on a movie) or reviewing one (e.g. reviewing a book or an album).
What caricature, parody and pastiche mean under the EU exceptions
The policy describes caricatures as exaggerating or distorting reality, usually for humour; a parody as evoking an existing work while being noticeably different from it and expressing humour or mockery; and a pastiche as usually incorporating distinctive elements of other works or styles into a new work. These uses still have to be fair.
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Caricature, parody and pastiche
Caricatures aim at exaggerating or distorting reality, usually for humorous purposes.
A parody will evoke an existing copyrighted work while being noticeably different from it and should constitute an expression of humor or mockery.
A pastiche will usually incorporate distinctive elements from other works or styles into a new work.
A use is fair only if it is limited, acknowledged and not unreasonably harmful
For any use of a copyrighted work to fall within an exception or limitation, it must be fair. The policy says this means that, where applicable, the use should (i) be no longer than necessary, (ii) be accompanied by sufficient acknowledgement of the source material, and (iii) not unreasonably harm the legitimate interests of the rightholder.
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In order for any use of copyrighted work to come within an exception or limitation, it must be fair.
This means that it should, where applicable: (i) be no longer than necessary; (ii) be accompanied by sufficient acknowledgement of the source material and (iii) not unreasonably harm the legitimate interests of the rightholder.
The policy describes a trademark as a word, symbol, slogan, design or combination of these that identifies the source of a product or service and distinguishes it from others.
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A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.
Content & IP Rights · Context
Trademark infringement means confusing use of the same or a similar mark
The policy says trademark laws prohibit infringement, which is generally the unauthorized use of an identical or similar trademark or service mark in connection with goods or services in a way likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of those goods or services.
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Trademark laws prohibit trademark infringement, which is generally the unauthorized use of an identical or a similar trademark or service mark in connection with goods or services in a way that is likely to cause confusion, deception or mistake about the source, origin, sponsorship or affiliation of the associated goods and/or services.
Qualifications & exceptions
Described as what infringement "generally" is, not a complete legal test.
Referencing, commenting on, reviewing or comparing a brand, and fan pages, are generally allowed
Using another's trademark to accurately reference, lawfully comment on, criticize, parody or review the owner's products or services, or to compare them with others, is generally not a violation of TikTok's policies, as long as the mark is not used to designate the user's own goods or services or a third party's. A fan page about a brand is also generally allowed without the brand's permission, provided the user does not claim to speak for or be associated with the brand and does not otherwise violate its intellectual property rights.
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At the same time, the use of another’s trademark for purposes of accurately referencing, lawfully commenting, criticizing, parodying, or reviewing the trademark owner’s products or services, or for purposes of comparing them to other products or services, where the mark is not used to designate the user’s own goods or services or those of a third party, is generally not considered a violation of our policies.
Likewise, it is generally permissible to make a fan page about a brand, even without the brand’s permission, provided that the user does not claim to speak for or be associated with the brand or otherwise violate the brand’s intellectual property rights.
Qualifications & exceptions
"Generally" not a violation; the mark must not be used to designate the user's own or a third party's goods or services.
Fan pages must not claim to speak for or be associated with the brand.
The policy defines counterfeiting as illegally manufacturing, importing, exporting, distributing, selling, facilitating the trade of, or otherwise dealing in goods under a trademark identical or substantially similar to a registered trademark, without the owner's permission, thereby infringing the owner's rights.
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Counterfeiting is the illegal manufacturing, importing and exporting, distributing, selling, facilitating the trade of, or otherwise dealing in goods under a trademark that is identical to or substantially similar to a registered trademark, without the trademark owner's permission, thereby infringing the rights of the trademark owner.
Trademark-violating content may be taken down; LIVE access may be restricted
Any content that violates another's trademark rights may be taken down. In some cases involving trademark violations through the LIVE feature, TikTok may also temporarily restrict the violating user's access to LIVE. Both are discretionary. Uses the policy describes as generally permitted, such as accurate referencing, commentary, review, comparison or fan pages, are generally not violations.
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Any content that violates another’s trademark rights may be taken down
In some cases, for trademark violations in connection with the use of the LIVE feature, we may also temporarily restrict access to the LIVE feature of the violating user.
Qualifications & exceptions
Takedown is "may"; LIVE restriction applies only "in some cases" and is temporary.
Content & IP Rights · Restriction or exception
Buying, selling or promoting counterfeit goods is not permitted and is removed
TikTok does not permit the purchase, sale, trade, promotion or solicitation of counterfeit goods on TikTok, and says it will remove such content. Unlike the general trademark takedown, which is stated as "may", removal of counterfeit-goods content is stated as "will".
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we do not permit the purchase, sale, trade, promotion, or solicitation of counterfeit goods on TikTok, and will remove such content.
Cross-references
contrast (model-proposed): TikTok does not adjudicate IP disputes and may not remove reported content — contrast: TikTok says it will remove counterfeit-goods content, yet its general note says it may not be able to remove reported content; the policy does not say how the two fit together for a reported counterfeit listing.
Content & IP Rights · Procedure
Trademark owners are encouraged to contact the user first
If you believe someone has infringed your trademark rights, TikTok encourages you to first contact the user for a quick and direct resolution. This is encouraged, not required before filing a report.
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If you believe someone has infringed on your trademark rights, you are encouraged to first contact the user for a quick and direct resolution of the matter.
Content & IP Rights · Procedure
How a trademark owner files a Trademark Infringement Report
A trademark owner may file a Trademark Infringement Report through TikTok's online form or in the app to request removal of allegedly infringing content. Reports should contain the information the online form requests; missing information may limit the investigation and may lead to denial. TikTok may contact the reporter with questions. The policy's general note adds that TikTok does not adjudicate disputes between third parties and may not be able to remove the reported content or suspend the reported account.
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Trademark Infringement Report
You may also file a Trademark Infringement Report to request the removal of the alleged infringing content from TikTok via our [online form](https://www.tiktok.com/legal/report/Trademark) or in-app.
All reports should contain the information requested in our online Trademark Infringement Report form.
Failure to include necessary information may limit our ability to investigate your claims and may result in your report being denied.
TikTok is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account being reported.
Qualifications & exceptions
Filing a report does not guarantee removal: TikTok says it may not be able to remove the content or suspend the account being reported.
Content & IP Rights · User right or choice
Users can ask the trademark owner to retract a report
A user who believes their content was removed in error, or that they are authorized to use the content, can contact the trademark owner directly and ask for a retraction. An in-app appeal is also available.
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If you believe your content has been removed in error or believe that you are authorised to use the content, you can reach out to the trademark owner directly to request a retraction.
Content & IP Rights · Context
Copyright protects original expression, not underlying ideas or facts
The policy describes copyright as a legal right protecting original works of authorship such as music and videos. It says copyright generally protects the specific way an idea is expressed, but not the underlying ideas or facts. This is the policy's general description, not a complete statement of any country's law.
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Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.).
Generally, copyright protects an original expression of an idea (e.g., the specific way a video or music is expressed or created) but does not protect underlying ideas or facts.
Qualifications & exceptions
The policy says copyright "generally" works this way; it does not state the law of any particular country.
Content & IP Rights · Restriction or exception
Content that infringes copyright is not allowed, subject to legal exceptions such as fair use
TikTok does not allow any content that infringes copyright. Using other people's copyrighted content without proper authorization or a legally valid reason may lead to a violation of TikTok's policies. The policy immediately qualifies this: not every unauthorized use is infringement, because exceptions such as fair use in the United States, fair dealing in the EU and equivalent local exceptions can allow use without the copyright holder's permission.
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We do not allow any content that infringes copyright.
The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of TikTok's policies.
At the same time, not all unauthorized uses of copyrighted content constitute an infringement.
Qualifications & exceptions
Unauthorized use "may" lead to a violation; a use with a legally valid reason, such as a copyright exception, is not described as infringing.
Content & IP Rights · Restriction or exception
Fair use, fair dealing and local exceptions can allow use without permission
The policy says many countries have exceptions that allow copyrighted works to be used in certain circumstances without the copyright holder's authorization. It names the fair use doctrine in the United States, permitted acts of fair dealing in the European Union, and other equivalent exceptions under local laws. The policy does not define when these exceptions apply; that depends on the applicable law.
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In many countries, exceptions to copyright infringement allow the use of copyrighted works under certain circumstances without authorization from the copyright holder.
These include the fair use doctrine in the United States, permitted acts of fair dealing in the European Union (EU), and other equivalent exceptions under applicable local laws in other countries.
Not stated here
The policy does not explain the conditions of US fair use or of the non-EU local exceptions it mentions.
Infringing content may be removed and LIVE access may be temporarily restricted
Any user content that infringes another person's copyright may be removed. If a user infringes copyright while using the LIVE feature, TikTok may also temporarily restrict that user's access to LIVE. Both are discretionary ("may"), not automatic.
Supporting quotations
Any user content that infringes another person's copyright may be removed.
If a user infringes copyright by using the LIVE feature, we may also temporarily restrict their access to LIVE feature.
Content & IP Rights · Procedure
Rightsholders are encouraged to contact the user first
If you believe someone is using your copyrighted work without permission, TikTok encourages you to contact that user first for a quick and direct resolution. This is encouraged, not required before filing a report.
Supporting quotations
If you believe someone is using your copyrighted work without your permission, you are encouraged to first contact the user for a quick and direct resolution of the matter.
Content & IP Rights · Procedure
How a rightsholder files a Copyright Infringement Report
A copyright holder may file a Copyright Infringement Report through TikTok's online form or in the app to ask for removal of allegedly infringing content. The policy notes that the US Digital Millennium Copyright Act (DMCA) or similar laws elsewhere set the legal requirements for a compliant notification. To have the report evaluated, you need to provide all the information the online form requests. TikTok may contact you with questions, and missing information may limit the investigation and may lead to the report being denied. The policy's general note adds that TikTok does not adjudicate disputes between third parties and may not be able to remove the reported content or suspend the reported account.
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Copyright Infringement Report
You may also file a Copyright Infringement Report to request the removal of the alleged infringing content from TikTok via our [online form](https://www.tiktok.com/legal/report/Copyright) or in-app.
Please be aware that the United States Digital Millennium Copyright Act (DMCA) or similar laws in other countries outline the statutory requirements necessary for reporting copyright infringement by submitting a compliant notification.
To facilitate the evaluation of your report, you'll need to provide all the information requested in our online Copyright Infringement Report form.
Failure to include necessary information may limit our ability to investigate your claims and may result in your report being denied.
Qualifications & exceptions
Filing a report does not guarantee removal: the general note says TikTok may not be able to remove the content or suspend the account being reported.
Not stated here
The DMCA and other laws' notification requirements are referred to but not set out in this policy.
Content & IP Rights · Procedure
EU Copyright Directive: rightsholders can enquire about licensing works to TikTok
Under the heading "EU Copyright Directive", the policy says that, pursuant to Article 17 of the Copyright Directive (EU 2019/790), a rightsholder who wants to enquire about authorizing TikTok to make their copyright-protected works available on TikTok can use a dedicated form. TikTok says it will review the request and be in touch; it does not promise to reach an agreement.
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EU Copyright Directive
Pursuant to Article 17 of the Copyright Directive (EU 2019/790), if you want to make an enquiry about granting an authorisation to TikTok to make your copyright-protected works available on TikTok, please use [this form](https://www.tiktok.com/legal/report/licensing-form).
We will review your request and be in touch.
Not stated here
The text of Article 17 of Directive (EU) 2019/790 is cited but not supplied in this policy.
Content & IP Rights · Company commitment
Rightsholders can ask for music or audiovisual works to be made unavailable in the EU
A rightsholder who wants their music or audiovisual works made unavailable in the EU must file a specific form and provide relevant and necessary information about themselves and their works. After receiving the information and validating the request, TikTok says it will do its best to make the work unavailable on TikTok in the EU. This is a best-efforts commitment limited to the EU, not a guarantee.
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If you want to request that your music or audiovisual works are made unavailable in the EU, we need you to file [this form](https://www.tiktok.com/legal/report/Copyright/eurequests).
So that TikTok can consider your request, you will have to provide us with relevant and necessary information about you and your copyrighted works.
Upon receiving this information and validating your request, TikTok will do its best to ensure that your copyrighted work is made unavailable on TikTok in the EU.
Qualifications & exceptions
Applies only after TikTok receives the information and validates the request.
Limited to music or audiovisual works and to availability in the EU.
Content & IP Rights · Company commitment
Reporters can ask TikTok to stop removed videos from re-appearing
When submitting a report through the online Copyright Infringement Report form, a rightsholder may ask TikTok to prevent future copies of a video from re-appearing. If the rightsholder asks and the video is removed because of the report, TikTok will use its best efforts to prevent the same video from re-appearing on the platform. This is a best-efforts commitment for the same video, not a guarantee.
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You may ask us to prevent future copies of a video from re-appearing on the platform when you submit a report via our online Copyright Infringement Report form.
If you do so, and where a video is removed due to your report, we will use our best efforts to prevent the same video from re-appearing on the platform.
Qualifications & exceptions
Applies only where the reporter asks and the video is removed due to the report.
Not stated here
This paragraph appears under the "EU Copyright Directive" heading, but its own text does not limit it to the EU; whether it applies outside the EU is not stated.
Content & IP Rights · User right or choice
Users outside the EU can ask the copyright owner to retract a report
A user outside the EU who believes their content was removed in error, or that they are authorized to use the content, can contact the copyright owner directly and ask them to retract the report. The policy also offers an in-app appeal as an additional option.
Supporting quotations
If you are a user located outside of the European Union
If you believe your content has been removed in error or believe that you are authorised to use the content, you can reach out to the copyright owner directly to request a retraction.