In the age of smartphones and social media, accidents are often captured on video and shared online within minutes. Sometimes, this footage goes viral, generating millions of views and becoming part of public conversation. But while the content may be freely shared, the legal rights tied to that footage are not always as clear. One of the most common questions that arises is: Who actually owns the rights to viral injury footage? It’s a question that has implications for news outlets, content creators, victims, and legal professionals. A copyright lawyer is often the person who helps clarify how these rights work in practice.
Ownership of video content typically belongs to the person who records it. This means if someone witnesses an accident, pulls out their phone, and films it, they are the legal copyright holder. That gives them the right to control where the footage is published, whether it’s licensed for commercial use, and who can use it for broadcast or online sharing. Even if the footage features someone else — like a person injured in the video — the creator of the recording holds the copyright, not the subject of the clip. However, it is important to note that things become more complicated once the owner of the video clip posts it to social media publicly as it is then available for people to access and do with it whatever they want.
Can The Person Injured Claim Any Rights
While the copyright belongs to the person who filmed the incident, the injured person may still have a legal claim under privacy or publicity rights. These claims depend on context. If the video is filmed in a public place, courts often rule there’s no reasonable expectation of privacy. That said, if the footage is used in a way that misrepresents the person, exploits their image for commercial purposes, or causes reputational harm, the injured party might have a separate legal argument. For example, if a video is edited to make it look like someone said something they did not, this would fall under the category of reputational harm.
In some cases, victims have asked for viral footage to be taken down or have even pursued lawsuits over how that footage was used. This is more likely to happen when the footage is edited or used out of context. While copyright law may not give the injured person control over the video, other laws could still offer protection depending on how the content is distributed and presented.
What Happens When Media Companies Use The Footage
News agencies and media outlets often share viral clips to support reporting or attract viewers. Before doing so, they typically try to obtain permission from the original videographer or license the footage through a third party. In some cases, however, content is used without consent. If that happens, the copyright holder can issue a takedown notice or pursue legal action for unauthorized use. This can be very complicated if they show the video on the social media platform to which it was posted as the platform may then be involved in giving permission to use the video.
On the flip side, if a victim or their legal team wants to use the footage in a legal claim — such as in a lawsuit for damages — a personal injury lawyer may submit it as evidence. In that context, the footage becomes part of the legal record, but this doesn’t change who owns the underlying copyright.
Monetization And Licensing Of Viral Content
When video content goes viral, it can generate income through advertising, licensing, or syndication. The creator of the footage may choose to work with a licensing agency, sell it to news outlets, or allow influencers to repost it for a fee. These actions are protected under copyright law, and only the owner has the right to profit from the footage unless they’ve signed over those rights.
Disputes can arise when others try to monetize the content without permission. In such cases, a copyright holder may have a strong claim for infringement. Attorneys like those at COFFYLAW can attest that determining who holds the legal rights to viral media is not only important for content control but also for revenue and reputation.
In most cases, the person who films viral injury footage owns the legal rights, but others involved — especially the subjects of the video — may still have legal grounds to protect their image or reputation. When legal issues arise from viral content, speaking with a lawyer is the best step to understand your rights and responsibilities.