Hence, the first foundational question to ask when discussing viral video property rights is: “Who actually owns the video?” As opposed to a novel, sculpture, or software code, viral videos also tend to implicate other people or the property of others, or are shot without the subjects’ awareness or knowledge. Viral videos are often an enigma when it comes to intellectual property, as they are often shot accidentally or without any creative intent.
When a video starts receiving exponential attention on social media, the application of traditional intellectual property laws can be as unclear as the grainy, homemade footage itself. The concept of “viral” videos is relatively new as compared with intellectual property rights, which have been around for decades.
