Marketing gone wrong: the IP mistakes we’ve all made
Helery Maidlas, Sorainen Associate (Competition and Regulatory)
Startup marketing is supposed to be bold, fast and slightly reckless. You are trying to cut through noise with a tiny budget, a tiny team and a runway that feels shorter every month. So you move quickly. You borrow inspiration. You remix culture. Legal considerations often enter the picture only later.
This article is not about killing
creativity or wrapping marketing teams in legal bubble wrap. Quite the
opposite. It is about recognising the very common intellectual property (IP)
mistakes that even smart, well-intentioned teams make, and learning how to
avoid them without losing speed, humour or cultural relevance.
While the principles are broadly international, EU copyright and trademark rules are particularly unforgiving when it comes to “small”, “accidental” or “online-only” uses.
I will walk through five mistakes I see again and again in startups, scale-ups and established companies that should probably know better:
· using popular music without a license;
· posting images scraped from Pinterest or Google;
· using product shots that include third-party brands or logos;
· using AI images that copy copyrighted styles or celebrity likenesses.
If any of these feel uncomfortably familiar, congratulations: you are normal.
This is the classic mistake. The issue that refuses to disappear no matter how many platform guidelines or legal warnings exist.
A marketing intern or content manager cuts together a beautiful Instagram Reel or TikTok video. The pacing is perfect, the product looks great, the captions are clever. And in the background? A chart-topping track that everyone recognises within the first two seconds.
In most cases, using a song in marketing content requires permission from at least two separate rights holders: the owner of the musical composition (usually the songwriter or publisher) and the owner of the sound recording (typically a record label).
Buying a song on iTunes, using a short clip, or embedding it into a fast-cut video does not remove this requirement. EU copyright law does not recognise a general “short clip”, “background use” or “non-intrusive use” exception for commercial marketing. If the content promotes a brand, product or service, it is almost always considered commercial use.
A particularly common misunderstanding concerns social media music libraries. While platforms like Instagram, TikTok and YouTube offer built-in music options, these are primarily licensed for private or non-commercial user content. Many platform terms explicitly restrict or exclude business accounts from relying on the same licenses.
In practice, rights holders do not usually start with court proceedings. They start with takedowns. Content gets muted, blocked, or removed mid-campaign. Accounts can receive strikes, temporary restrictions or reduced visibility. The campaign momentum you worked so hard to build simply evaporates.
Across Europe, collecting societies and rights holders have become increasingly active in monitoring online commercial use, including on social media. Estonia is no exception.
The legally safe alternatives are not nearly as painful as they sound. Royalty-free music libraries, properly licensed commercial tracks and commissioned original music are all viable options. The key is not perfection, but process: knowing where the music came from, what the license allows, and being able to prove it later.
Neither Google Images nor Pinterest is a free image bank. They are search and discovery tools. The fact that an image is easy to find does not mean it is free to use.
Under EU copyright law, photographs are protected works if they involve even a minimal level of creative choice. In practice, that means almost all marketing-relevant photos are protected. The default rule is simple: the photographer owns the copyright, unless it has been explicitly transferred.
Pinterest merely hosts or links to content uploaded by users. It does not grant downstream users any rights to reuse that content commercially. Copying an image from Pinterest and placing it on a company website, ad or LinkedIn post is a classic case of unauthorised reproduction and communication to the public.
Cropping the image, adding text overlays, applying filters or combining it with other visuals does not “fix” the problem. Under EU law, this usually creates a derivative work, which still requires permission from the original rights holder.
There is a well-established enforcement ecosystem across Europe based on reverse image search. Photographers and agencies regularly scan the internet for unauthorised use and send retroactive licensing demands. These are not theoretical risks; they arrive as very real emails with invoices attached.
The safest approach is also the simplest: use reputable stock libraries, create original visuals, or work with photographers under clear contracts. Most importantly, keep basic records. A saved license PDF or invoice can save you hours of stress later.
Under EU trademark law, using a third-party mark in marketing can create the impression of endorsement, partnership or commercial connection. Even if no such relationship exists, the impression alone can be enough to trigger legal objections.
Trademark owners are expected to actively defend their marks. Silence can weaken their rights, which is why enforcement can feel aggressive.
The safest approach is to treat all visible third-party brands as potential risks. Cover logos during shoots, use generic props, or carefully control angles and depth of field. When referencing other brands in copy, be precise and avoid language that implies endorsement.
AI-generated images feel like marketing magic. Type a prompt, get a campaign visual. No photographer, no stock fees, no waiting. Legally, however, AI has not eliminated IP risk – it has redistributed it.
Two risk areas are already clear under existing EU legal principles. The first is generating images “in the style of” identifiable living artists. While style itself is a complex concept, close imitation can raise copyright and unfair competition issues, especially in commercial contexts.
The second is the use of realistic celebrity likenesses. Even where copyright is unclear, personality rights, image rights and unfair commercial practices come into play. Using a recognisable face to promote a product without consent is legally dangerous territory.
Artists across Europe have publicly criticised brands for using AI visuals that closely mimic their work. Celebrities have objected to unauthorised AI depictions. Regulators and courts are actively catching up, and legal uncertainty rarely favours marketing teams.
Avoid prompts referencing specific living artists or real individuals. Use AI tools with clear commercial-use terms and treat AI output as you would any other external asset: review it critically before publishing.
· Do we clearly have the rights to every image, sound and clip?
· Can we prove it if asked?
· Are there visible third-party brands, artworks or people?
· Would we be comfortable explaining this decision to a rights holder or regulator?
If any answer feels awkward, pause and don’t hesitate to ask a lawyer!
_______________________________
Sorainen will also host and moderate several sessions during sTARTUp Day. On Thursday, 29 January at 11:00 in Seminar Room 2, Olivia Kranich and Oliver Kuusk will lead a practical session on how to increase company valuation through strategic IP management. Later the same day at 16:00, Eva Lennuk and Mirell Prosa will help founders navigate their options in a session focused on choosing the fundraising model that best fits their business.
On Friday, 30 January at 15:15, Sorainen takes the discussion to the Insight Stage with a lively founders cross-examination moderated by Marcus Niin and Kaupo Lepasepp, featuring Joosep Sibul from BuildwillAI and Kelly Lilles from ALPA Kids, exploring what truly sets future unicorns apart.
While the principles are broadly international, EU copyright and trademark rules are particularly unforgiving when it comes to “small”, “accidental” or “online-only” uses.
I will walk through five mistakes I see again and again in startups, scale-ups and established companies that should probably know better:
· using popular music without a license;
· posting images scraped from Pinterest or Google;
· using product shots that include third-party brands or logos;
· using AI images that copy copyrighted styles or celebrity likenesses.
If any of these feel uncomfortably familiar, congratulations: you are normal.
“It’s just background music” – using popular music without a license
This is the classic mistake. The issue that refuses to disappear no matter how many platform guidelines or legal warnings exist.
A marketing intern or content manager cuts together a beautiful Instagram Reel or TikTok video. The pacing is perfect, the product looks great, the captions are clever. And in the background? A chart-topping track that everyone recognises within the first two seconds.
In most cases, using a song in marketing content requires permission from at least two separate rights holders: the owner of the musical composition (usually the songwriter or publisher) and the owner of the sound recording (typically a record label).
Buying a song on iTunes, using a short clip, or embedding it into a fast-cut video does not remove this requirement. EU copyright law does not recognise a general “short clip”, “background use” or “non-intrusive use” exception for commercial marketing. If the content promotes a brand, product or service, it is almost always considered commercial use.
A particularly common misunderstanding concerns social media music libraries. While platforms like Instagram, TikTok and YouTube offer built-in music options, these are primarily licensed for private or non-commercial user content. Many platform terms explicitly restrict or exclude business accounts from relying on the same licenses.
In practice, rights holders do not usually start with court proceedings. They start with takedowns. Content gets muted, blocked, or removed mid-campaign. Accounts can receive strikes, temporary restrictions or reduced visibility. The campaign momentum you worked so hard to build simply evaporates.
Across Europe, collecting societies and rights holders have become increasingly active in monitoring online commercial use, including on social media. Estonia is no exception.
The legally safe alternatives are not nearly as painful as they sound. Royalty-free music libraries, properly licensed commercial tracks and commissioned original music are all viable options. The key is not perfection, but process: knowing where the music came from, what the license allows, and being able to prove it later.
“Found it on Google” – posting images scraped from Pinterest or search
Neither Google Images nor Pinterest is a free image bank. They are search and discovery tools. The fact that an image is easy to find does not mean it is free to use.
Under EU copyright law, photographs are protected works if they involve even a minimal level of creative choice. In practice, that means almost all marketing-relevant photos are protected. The default rule is simple: the photographer owns the copyright, unless it has been explicitly transferred.
Pinterest merely hosts or links to content uploaded by users. It does not grant downstream users any rights to reuse that content commercially. Copying an image from Pinterest and placing it on a company website, ad or LinkedIn post is a classic case of unauthorised reproduction and communication to the public.
Cropping the image, adding text overlays, applying filters or combining it with other visuals does not “fix” the problem. Under EU law, this usually creates a derivative work, which still requires permission from the original rights holder.
There is a well-established enforcement ecosystem across Europe based on reverse image search. Photographers and agencies regularly scan the internet for unauthorised use and send retroactive licensing demands. These are not theoretical risks; they arrive as very real emails with invoices attached.
The safest approach is also the simplest: use reputable stock libraries, create original visuals, or work with photographers under clear contracts. Most importantly, keep basic records. A saved license PDF or invoice can save you hours of stress later.
The logo in the background – third-party brands in product shots
Under EU trademark law, using a third-party mark in marketing can create the impression of endorsement, partnership or commercial connection. Even if no such relationship exists, the impression alone can be enough to trigger legal objections.
Trademark owners are expected to actively defend their marks. Silence can weaken their rights, which is why enforcement can feel aggressive.
The safest approach is to treat all visible third-party brands as potential risks. Cover logos during shoots, use generic props, or carefully control angles and depth of field. When referencing other brands in copy, be precise and avoid language that implies endorsement.
“The AI made it” – copyrighted styles and celebrity likenesses
AI-generated images feel like marketing magic. Type a prompt, get a campaign visual. No photographer, no stock fees, no waiting. Legally, however, AI has not eliminated IP risk – it has redistributed it.
Two risk areas are already clear under existing EU legal principles. The first is generating images “in the style of” identifiable living artists. While style itself is a complex concept, close imitation can raise copyright and unfair competition issues, especially in commercial contexts.
The second is the use of realistic celebrity likenesses. Even where copyright is unclear, personality rights, image rights and unfair commercial practices come into play. Using a recognisable face to promote a product without consent is legally dangerous territory.
Artists across Europe have publicly criticised brands for using AI visuals that closely mimic their work. Celebrities have objected to unauthorised AI depictions. Regulators and courts are actively catching up, and legal uncertainty rarely favours marketing teams.
Avoid prompts referencing specific living artists or real individuals. Use AI tools with clear commercial-use terms and treat AI output as you would any other external asset: review it critically before publishing.
A practical checklist for marketing teams
Before publishing, ask:· Do we clearly have the rights to every image, sound and clip?
· Can we prove it if asked?
· Are there visible third-party brands, artworks or people?
· Would we be comfortable explaining this decision to a rights holder or regulator?
If any answer feels awkward, pause and don’t hesitate to ask a lawyer!
_______________________________
Sorainen will also host and moderate several sessions during sTARTUp Day. On Thursday, 29 January at 11:00 in Seminar Room 2, Olivia Kranich and Oliver Kuusk will lead a practical session on how to increase company valuation through strategic IP management. Later the same day at 16:00, Eva Lennuk and Mirell Prosa will help founders navigate their options in a session focused on choosing the fundraising model that best fits their business.
On Friday, 30 January at 15:15, Sorainen takes the discussion to the Insight Stage with a lively founders cross-examination moderated by Marcus Niin and Kaupo Lepasepp, featuring Joosep Sibul from BuildwillAI and Kelly Lilles from ALPA Kids, exploring what truly sets future unicorns apart.
__________
sTARTUp Day is turning 10 – now is the perfect time to grab your ticket at the best price! Join us in Tartu on January 28–30, 2026, for an unforgettable anniversary edition filled with inspiring speakers, valuable connections, and new opportunities. Get your ticket today and be part of the biggest entrepreneurship festival!
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