Instagram's copyright rule is simple: you can only post content that doesn't infringe someone else's rights, and the safest way to do that is to post only what you created yourself. Giving credit, buying the song or adding a disclaimer doesn't make someone else's work yours to post.
If you keep posting content that gets reported, Instagram's repeat infringer policy can limit what you can post or disable your account altogether.
Below is what copyright covers, the myths Instagram explicitly rules out, what happens when a post is taken down, and how to protect your own work. Everything comes from Instagram's Help Center, read in October 2026.
What copyright protects
Instagram describes copyright as a legal right that, in most countries, protects original works of authorship from the moment you create them. It covers:
- Visual and audiovisual works: videos, films, TV shows and broadcasts, video games, paintings, photographs.
- Audio works: songs, musical compositions, sound recordings, spoken word recordings.
- Written works: books, plays, manuscripts, articles, musical scores.
What it generally doesn't protect: names, titles, slogans, short phrases, facts and ideas. Copyright can protect the way an idea is expressed, but not the idea itself. That's why two creators can make reels on the same topic without either infringing, as long as one doesn't copy the other's actual words or footage.
The myths Instagram rules out
Instagram lists situations where you can still infringe someone's copyright. You can infringe even if you:
| What people assume | What Instagram says |
|---|---|
| I bought or downloaded it, so I can post it | Buying a song from a store doesn't give you the right to post it |
| I recorded it myself at a concert or party | Recording someone else's song on your phone can still infringe |
| I gave credit | Credit doesn't stop it being infringement |
| I added a no-infringement-intended disclaimer | A disclaimer doesn't help |
| I'm not making any profit from it | Not profiting doesn't make it allowed |
| I edited it and added my own bits | Modifying the work can still infringe |
| It was online and everyone else posts it | Finding it online, or seeing others post it, isn't permission |
Instagram adds one more to the list: using an unauthorised streaming device or service, such as a jailbroken or loaded app, to post or share someone else's content isn't allowed either. Instagram also says using a song in a video's soundtrack is making a copy, even if you paid for that song somewhere else. That's the single most common misunderstanding I see.
What you can safely post
Instagram suggests asking four questions before you post: did I create all of it myself, have I got permission for everything in it, does my use fall within an exception such as fair use, and is it protected at all (a short phrase, an idea, or a work in the public domain)?
It also recommends getting written permission from the author before posting their work. You may be able to use someone else's content with a licence, if it's in the public domain, or under fair use or another exception, but Instagram can't give legal advice and says you may want to speak to a lawyer.
On the public domain, Instagram notes the Berne Convention requires copyright for most works to last at least 50 years after the author's death, and many countries set longer terms. So old doesn't automatically mean free.
What happens if your post is removed for copyright
- Instagram may remove the content promptly, without contacting you first.
- You get a notification, which may include the name and email address of the rights owner who reported it.
- If you think it shouldn't have been removed, you can contact the rights owner directly to sort it out.
- For copyright removals, you can submit an appeal.
You can see removed content and any restrictions under Account Status in your settings, which my guide on why Instagram disables or suspends accounts walks through.
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The repeat infringer policy
This is the part that ends accounts. If you repeatedly post content that infringes copyright or trademarks, Instagram says your ability to post photos or videos may be limited, you can lose access to features, and your account may be disabled. If a post is restored after an appeal, or the rights owner withdraws the report, Instagram takes that into account.
Copyright vs trademark
Instagram separates the two. Copyright protects original works like photos, videos, films and music. Trademark law protects brand names, slogans, logos and other symbols that tell people who a product comes from. In the US, Instagram notes, the DMCA applies only to copyright, not trademarks.
Protecting your own work
If someone posts your photo or video without permission, you can report it through Instagram's copyright form. As a copyright owner you have the right to stop others copying or distributing your work and to decide who can use it. If your content is being reposted without credit, seeing who shared your Instagram post is a useful first check.
My take
Make your own content and use Instagram's built-in music where it's offered. Every shortcut on that myths table is something I've seen small businesses try, and none of them is a defence. If you're unsure about a piece of content, leave it out.
Frequently asked questions
Is it OK to post a song on Instagram if I give credit?
No. Instagram says you can still infringe copyright even if you give credit to the copyright owner, add a disclaimer, or don't intend to profit.
What happens if Instagram removes my post for copyright?
You'll get a notification that may include the rights owner's name and email address. You can contact them directly, and for copyright removals you can submit an appeal.
Can Instagram delete my account for copyright?
Yes. Under Instagram's repeat infringer policy, repeatedly posting content that infringes copyright or trademarks can limit your posting, remove features, or get your account disabled.
Does copyright protect ideas on Instagram?
Instagram says copyright generally doesn't protect facts or ideas, or names, titles, slogans and short phrases. It may protect the original words or images that express an idea.
If I bought a song, can I use it in my Instagram video?
Not automatically. Instagram says using a song in a video's soundtrack is making a copy, even if you paid for a copy of that song on another service.
