Election Copyright Risks: Music & Short Videos

During every election season, campaign billboards, promotional videos, social media shorts, campaign rallies, sound trucks, music, and advertisements become part of everyday public life.

However, campaign teams, social media managers, and marketing agencies often overlook one important issue: elections may involve matters of public interest, but “public” does not mean “public domain.”

Music played at campaign rallies, background music used in campaign videos, and screenshots from news reports used in social media content may all raise copyright issues if they are used improperly.

I. Does Music Played at a Campaign Rally Require Permission?

One of the most common scenes during an election campaign is music being played at rallies, bands performing on stage, or songs being used to energize supporters.

From a copyright perspective, however, finding a song on a streaming platform does not mean that it can be freely played in public.

Playing another person’s music at a campaign event will generally involve the public performance of a musical work. If a recorded version or streamed recording is played, the use may also involve rights relating to the underlying musical work and the sound recording, including remuneration issues relating to public performance.

Purchasing a song or paying for a streaming subscription does not automatically grant the right to play that music publicly at a campaign event.

When May Separate Permission Not Be Required?

Article 55 of Taiwan’s Copyright Act provides that a work that has already been publicly released may be publicly recited, publicly broadcast, publicly presented, or publicly performed during a nonprofit activity, provided that no fee is directly or indirectly collected from viewers or listeners and no compensation is paid to performers. citeturn278923view1

However, this is a conditional form of fair use, not a blanket exemption.

Accordingly, where music is repeatedly or routinely played at campaign headquarters, on campaign sound trucks, or at recurring campaign events, the applicable licensing requirements should still be reviewed carefully.

Using Music in a Video Is a Different Issue

Playing music at a live event may leave room for discussion under Article 55. Incorporating music into a campaign video, social media short, campaign advertisement, or candidate theme song raises a different set of copyright issues.

Such use will typically involve:

• Reproduction — saving or incorporating the music into a video file

• Adaptation — such as rewriting lyrics, remixing music, or creating a campaign theme song

• Public transmission — uploading the content to YouTube, Facebook, Instagram, Threads, TikTok, or a website

TIPO officially defines public transmission as making or communicating a work available to the public through wired or wireless networks or other communication methods, including enabling members of the public to access the work at a time or place individually chosen by them. citeturn225993search2turn225993search34

Once a campaign video is uploaded to the internet, the right of public transmission will generally be implicated. Article 55’s exception for qualifying nonprofit activities does not itself provide a general basis for incorporating copyrighted music into online videos.

Goldkeen Reminder: When using another person’s musical work or sound recording in campaign videos or producing a campaign theme song, permission from the relevant economic rights holder should generally be obtained unless another statutory exception applies. Alternatively, campaign teams may use music libraries that clearly provide the necessary commercial or campaign-related licenses.

II. Can News Reports Be Used in Campaign Materials?

Candidates frequently use media reports, headlines, photographs, or interview screenshots on campaign websites and social media to highlight achievements or respond to public issues.

Whether such material can be reused depends on the nature of the content.

1. News Reports Strictly Communicating Facts

A straightforward report such as “Candidate X visited a local market today” may fall within the category of oral and literary works for news reports that are intended strictly to communicate facts, which Article 9 of Taiwan’s Copyright Act excludes from copyright protection. citeturn154808search0

The key is that the content must genuinely be limited to communicating facts.

2. Reports Containing a Journalist’s Commentary or Original Expression

Where a news article contains the journalist’s observations, analysis, or original commentary, the expressive content may be protected by copyright.

Uploading or reproducing such material online may involve reproduction and public transmission.

In principle, permission from the economic rights holder may therefore be required. However, where the use satisfies Article 52 of the Copyright Act, quotation may be permissible within a reasonable scope where necessary for reports, comment, teaching, research, or other legitimate purposes. citeturn225993search35

Simply copying an entire article is very different from quoting a necessary portion for genuine commentary.

3. News Photographs, Television Interviews, and Music

Original news photographs, television interview footage, and music generally involve protectable creative expression.

Using them directly in articles, campaign advertisements, or promotional videos may involve rights such as reproduction, distribution, public broadcast, or public transmission, depending on how the material is used.

As a practical matter, campaign teams and marketing agencies should avoid downloading materials directly from Google Images, news websites, YouTube, or social media without first checking the licensing status.

Safer approaches include using photographs and videos created by the campaign team, licensing content from authorized stock libraries, obtaining written permission directly from media organizations, or clearly addressing copyright ownership and licensing scope in contracts with photographers and designers.

III. Five Common Copyright Risks During Election Campaigns

Campaign teams frequently encounter similar copyright problems.

One common mistake is adding a popular song directly to a campaign short video without permission.

Another is downloading photographs from a news website and turning them into billboards, campaign materials, or advertisements.

Campaign teams may also edit television interviews into Instagram Reels, YouTube Shorts, or TikTok videos without obtaining the necessary rights.

Reposting an entire commentary article or column can also create risk. Providing attribution alone does not automatically make the use lawful. However, quoting a limited portion for genuine commentary may potentially fall within Article 52 where all applicable requirements are satisfied.

Another recurring issue is the use of music, photographs, or video materials downloaded from the internet without verifying whether the source actually has authority to grant the required license.

Depending on the circumstances, these activities may involve reproduction, distribution, public broadcast, public transmission, or adaptation.

Even where a campaign is not operated for profit, use that exceeds the scope of fair use may still constitute copyright infringement and may result in civil or criminal liability.

Goldkeen Reminder: Check Copyright Before Campaign Content Goes Live

Before publishing campaign materials, teams should confirm whether music has been properly licensed or whether the specific use may fall within Article 55.

Photographs should either be created by the campaign team or obtained from authorized media outlets or properly licensed image libraries.

When quoting news content, teams should determine whether the material is merely factual reporting or contains copyright-protected commentary and expression.

Quotations should remain within the necessary scope rather than reproducing entire articles.

The source, author, and media organization should also be clearly identified where required. Article 64 of the Copyright Act expressly requires a clear indication of source for certain statutory uses, including uses under Articles 52 and 55. citeturn278923view1

Campaign teams should also determine whether content has been adapted, edited, or re-uploaded online, and whether the license obtained covers every intended channel, including websites, social media, paid advertising, television, and outdoor displays.

Where a campaign involves substantial paid advertising, large volumes of short-form video production, candidate theme songs, television commercials, or mass-printed campaign materials, a copyright risk assessment before publication can help prevent content takedowns and legal disputes.

Q&A: Common Copyright Questions During Election Campaigns

Q1: If music is played for volunteers at campaign headquarters, is a public performance license required?

If the activity satisfies the requirements of Article 55 — it is nonprofit in nature, no fee is directly or indirectly collected from viewers or listeners, and no compensation is paid to performers — public performance of a publicly released work may potentially qualify under the statutory exception. citeturn278923view1

If the event becomes a paid fundraising dinner, ticketed concert, or otherwise fails to meet those requirements, Article 55 cannot simply be relied upon.

Q2: Can a campaign video use a popular song from a streaming platform as background music?

Using an unlicensed song in this way is generally not advisable.

Downloading, copying, or editing music into a video may involve reproduction, while uploading that video online involves public transmission. TIPO has specifically explained that uploading music for online access may involve both reproduction and public transmission and generally requires authorization unless a statutory exception applies. citeturn225993search5

The safer approach is to use music with a clearly defined license covering the intended campaign use or to obtain written authorization from the relevant rights holders.

Q3: If a news report is reposted on a candidate’s Facebook page, is citing the source enough?

No.

Where Article 52 applies to a quotation made for reporting, comment, or another legitimate purpose, the source must be clearly indicated, but attribution alone does not automatically make the use lawful.

The amount used, purpose of the quotation, and overall manner of use must still fall within a reasonable scope. Taiwan’s Copyright Act requires fair use to be assessed in light of factors including the purpose and nature of the use, the nature of the work, the amount used, and the effect on the work’s current or potential market value. citeturn278923view1

Q4: If an influencer or band performs at a campaign event, does it still qualify as a nonprofit activity?

One of the express requirements under Article 55 is that no compensation is given to the performers.

Therefore, where performers receive appearance fees or other compensation for the performance, the Article 55 exception cannot simply be relied upon for the musical works being performed. Music licensing requirements should be reviewed separately. citeturn278923view1

IV. Copyright Compliance Matters in Every Campaign

Election campaigns move quickly, and candidates and their teams often focus heavily on communication, visibility, and timing. This can make intellectual property issues easy to overlook.

Goldkeen reminds campaign teams that proper trademark planning, brand protection, and copyright compliance for music, photographs, videos, and campaign materials can help reduce unnecessary legal risk.

If you have questions regarding trademark registration for campaign branding, protection of brand identity, copyright licensing, or other intellectual property matters, please contact Goldkeen International Property Office for professional assistance.