Meta’s bold move to court TikTok creators: what this means for your IP and business stability
Following the temporary TikTok ban, social media giant Meta has once again flexed its muscle, offering up to $5,000 (£4,040) to creators willing to migrate from rival platforms like TikTok to Facebook and Instagram. On the surface, it might seem like a golden opportunity for creators: quick cash, increased visibility, and added perks like blue check verification. But beneath the glossy headlines lies a harsh reality—one that raises critical questions about intellectual property (IP), platform dependency, and long-term business stability.
As Meta and TikTok battle it out for dominance, creators are left in a precarious position. Your content, your audience, and even your livelihood are at the mercy of platforms whose priorities are shaped by boardrooms, not creator communities. So when TikTok creators in the US were unable to access the app from Sunday evening (19th Jan 2025) a storm of questions arose from those that depend on the app to run their businesses.
At Jamieson Law, we closely observed how business owners navigated the challenges brought on by the temporary TikTok ban. Inspired by the questions and concerns it raised, we’ve addressed some of the key issues in this article.
IP rights: are you really in control?
Let’s start with the basics: intellectual property. While it might feel like your content belongs to you, the reality is that most social media platforms operate under terms of service agreements that heavily favour them. By uploading your content, you often grant the platform a broad licence to use, distribute, and even monetise your work.
Meta’s new “Breakthrough bonus programme” raises red flags here. The requirement to post original content—not recycled from other platforms—forces creators to dedicate fresh, high-value IP to Meta. But what happens to that content once it’s uploaded? Whilst their service terms state “We do not claim ownership of your content, but you grant us a licence to use it.” Does Meta now hold a licence to use it in ways you didn’t anticipate? It’s unclear, but what is clear is that as soon as you create content, it is immediately and automatically protected by copyright law. Not comfortable with how your content is being used by one of the social giants? The only way to prevent use is to remove or delete your content from the platform, otherwise, it’s up for grabs.
A relevant point to note is that Meta is not unique in this position and the TikTok ban did not change user terms of service; so it’s wise to revisit these to ensure you’re fully up to speed on the permissions you grant them if you use their platform.
The risks of platform dependency
The uncertainty surrounding TikTok in the US is a perfect example of why business owners with a high dependency on social platforms should begin to diversify their strategies if they’re. not already. Relying on a single platform is risky; your audience could vanish overnight if the platform is suspended (like the TikTok ban), its algorithm changes, or it decides to pivot its focus.
Meta’s recent moves to mimic TikTok—launching CapCut-like editing tools, affiliate link features, and rectangular post layouts—highlight the volatile nature of the social media space. It’s a game of copycat innovation, and creators are caught in the crossfire. Whilst it can be highly profitable, building a business on the back of a third-party platform means you’re always at the mercy of someone else’s rules and priorities. Being fully aware of the risks means that you can adjust your own business strategy as you need to, eyes wide open is the best approach for any platform reliance.
What you can do to protect yourself
If you’re a creator or entrepreneur, here’s the harsh truth: the platforms don’t work for you—you work for them. But there are steps you can take to safeguard your IP and maintain control over your audience:
Understand the platform’s Terms of Service
Read the fine print. What rights are you giving away when you upload content? Can the platform monetise your work without your permission? Knowing your rights—and the platform’s—is the first step to protecting yourself.
Secure your IP
Register trademarks for your brand, make copyright statements clear across your original content, and keep detailed records of your work. If a platform oversteps its boundaries, you’ll have the legal grounds to push back.
Diversify your platforms
Don’t put all your eggs in one basket. Spread your content across multiple platforms to minimise risk should something like the TikTok ban become more permanent or reach other countries.
Build your own audience
Social media platforms are great for visibility, but they’re not where your power lies. A strong email list is your most valuable asset—one that platforms can’t take away. Use tools like lead magnets to grow your subscriber base, and remember: GDPR compliance is crucial when collecting and managing personal data. Make sure you have the right privacy policies and consent mechanisms in place.
Monitor how your content is used
Keep an eye out for unauthorised use of your content. Platforms and third parties may stretch the limits of your permissions, so act quickly if you feel that your IP is infringed.
Beyond the algorithms: take back control
Meta’s latest campaign might seem like an attractive opportunity, but it also serves as a stark reminder of the precarious position many creators and business owners with a strong social following, find themselves in. Re-establishing solid foundations means owning your audience, protecting your IP, and diversifying how you reach your audience. Whilst most problematic for content creators who often rely heavily on social channels to generate income, social campaigns are typical on all business marketing strategies and so no business can afford to overlook their reliance on these channels.
By taking proactive legal steps and focusing on building assets you truly own—like a newsletter or a self-hosted platform—you can create a business that isn’t at the mercy of shifting algorithms and boardroom decisions.
The TikTok ban brought with it a healthy reminder of how your IP can be protected and the rights you retain. At Jamieson Law, we’re here to help creators and businesses navigate the legal complexities of the digital world. Whether it’s protecting your IP, reviewing platform terms, or ensuring GDPR compliance, we’ll give you the tools to grow with confidence.
If you’d like to chat about how we can support you, get in touch today to book in a free discovery call with one of our IP experts.
