“Nine Holiday Photos Posting… and What You Should Know About Copyright”

By Davis Law Group Trial Attorneys

The holiday season invites sharing moments filled with joy, decorations, and festive cheer. Posting photos, videos, and music online feels natural, especially for businesses wanting to connect with their audience. Yet, once content goes public—particularly for promotional use—copyright laws come into play. Understanding these rules protects your work and respects others’ rights, especially under Georgia and Tennessee law where many high-profile earners operate.

This post explores nine key points about posting holiday photos and related content, clarifying what you need to know about copyright during the festive season.

Holiday tree with gifts in a cozy living room

Who Owns the Rights to a Professional Photograph You Repost?

When you repost a professional holiday photo, the copyright usually remains with the photographer or the company that commissioned the work. Even if you paid for the photo, the license you received might limit how you can use it. For example, a photographer might grant you permission to use the image on your website but not for social media ads.

In Georgia and Tennessee, copyright owners have exclusive rights to reproduce, distribute, and display their work. Using a professional photo without explicit permission can lead to legal claims, especially if the repost is for business promotion.

Tip: Always check the license or contract terms before reposting professional photos. When in doubt, ask for written permission.

Can You Use Popular Holiday Music in a Promotional Video?

Holiday music is a staple in festive videos, but popular songs are almost always protected by copyright. Using them in promotional videos without a license violates copyright law. This applies whether the video is posted on social media, your website, or shared via email marketing.

Music rights include two parts: the composition (lyrics and melody) and the sound recording. You need permission for both if you use a recorded song. Licensing agencies like ASCAP, BMI, or SESAC manage these rights and offer licenses for commercial use.

Example: A Tennessee-based retailer used a famous Christmas song in a Facebook ad without a license and faced a cease-and-desist letter. They had to remove the video and pay a settlement.

Do You Need Permission to Share Someone Else’s Work Online?

Sharing someone else’s holiday photo, video, or artwork online requires permission unless the content is in the public domain or covered by a license that allows sharing. Simply crediting the creator does not replace the need for permission.

Even reposting on personal accounts can be risky if the content is copyrighted and used for business or promotional purposes. Georgia and Tennessee courts have upheld copyright claims where unauthorized sharing caused financial harm or diluted the original creator’s rights.

Best practice: Use content with clear sharing rights, such as Creative Commons licenses, or obtain explicit permission.

Is Your Own Content Protected from Being Used by Others?

When you create holiday photos, videos, or music, copyright protection applies automatically. This means others cannot legally use your work without permission. However, enforcement depends on your awareness and action.

Registering your copyright with the U.S. Copyright Office is not required but provides stronger legal protection and allows you to seek statutory damages in court. In Georgia and Tennessee, creators who register their work can more effectively stop unauthorized use.

Advice: Mark your content with a copyright notice and consider registration if your holiday content has commercial value.

Nine Key Points to Remember When Posting Holiday Photos

1. Ownership Matters

   Know who owns the copyright before posting. Professional photos usually belong to the photographer or agency.

   
   

2. Licenses Define Use

   Licenses specify how you can use photos, videos, and music. Read terms carefully.

   
   

3. Permission Is Essential

   Always get permission for content you did not create, especially for commercial use.

   
   

4. Music Rights Are Complex

   Popular holiday songs require licenses for promotional videos.

   
   

5. Personal vs. Business Use

   Sharing content for personal enjoyment differs from business promotion legally.

   
   

6. Protect Your Work

   Use copyright notices and consider registering valuable content.

   
   

7. Respect Moral Rights

   Some creators have rights to object to changes or misuse of their work.

   
   

8. Fair Use Is Limited

   Fair use rarely covers holiday photos or music used in promotions.

   
   

9. State Laws Matter

   Georgia and Tennessee have specific laws and case precedents that affect copyright enforcement.

   
   

How Georgia and Tennessee Laws Affect Holiday Content Sharing

Both states follow federal copyright law but also have state-specific rules that can influence cases. For example, Tennessee recognizes moral rights for visual artists, which protect against distortion or mutilation of their work. Georgia courts have ruled in favor of copyright holders in cases involving unauthorized online sharing.

Businesses and individuals in these states should be aware that courts may award significant damages for copyright infringement, especially when the value of the work or the harm caused is high.

Practical Steps to Avoid Copyright Issues This Holiday Season

• Use royalty-free or licensed holiday images and music from reputable sources.

• Obtain written permission before reposting professional photos.

• Avoid using popular holiday songs in promotional videos without a license.

• Register your original holiday content with the U.S. Copyright Office.

• Include copyright notices on your photos and videos.

• Consult a copyright attorney if you plan to use third-party content extensively.

  
  

Protecting Creativity and Respecting Rights

Copyright is not about limiting holiday cheer or creativity. It ensures that the work you create or purchase is respected and protected. Davis Law Group can help with understanding these rules & prevent costly legal disputes and preserve your brand’s reputation.

Sharing holiday moments online can be joyful and rewarding when done with respect for copyright. Take the time to know your rights and the rights of others. This holiday season, post with confidence and care. Schedule a consultation or call 404-446-2932 today.