Content creators – TikTokers, YouTubers, and other viral video makers rarely care much about their copyright rights. Because revenue is driven by engagement rather than sale or licensing the content, sharing and wide distribution is the goal. But what happens if a social media content creator has her work used in a way she does care about—most likely as commercial promotion for a business or major brand without any compensation or permission?
Take the case of Annie Korzen, who inadvertently became the “Krispy Kreme lady” on TikTok. A comedic actress who used to appear on Seinfeld, Korzen, who is now in her late 80s, took her funny storytelling style to TikTok at the advice of a friend. In 2021, while contrasting Krispy Kreme donuts with the truly crispy donuts of her youth, Korzen produced a catchphrase that went viral. In fact, as she explains, it was her friend who told her that she had just uttered a viral theme. The “Was it crispy?” video, Korzen is told, has been seen over a billion times; and just recently, the Krispy Kreme donut company used the video in its promotional posts. Now, Korzen has reason to care quite a lot about her copyright rights.
Korzen was shocked and not happy about Krispy Kreme’s use of the video, and so, took to social media to air her grievances. It’s not clear whether that’s going to get her anywhere. The internet can be a powerful PR tool, but people’s attention span online is counted in seconds, and Krispy Kreme does not necessarily have to reply. If Korzen had registered her copyright beforehand, she could sue Krispy Kreme for up to $150,000 for copyright infringement, though more likely, a threat to sue would produce a very nice settlement.
Meanwhile, the point we thought worth emphasizing is that timely registration (i.e., before commencement of the infringement) is key to getting the best, or often any, resolution. But given the volume most content creators publish on social platforms, we know it isn’t practical to register everything. That said, it is worth noting that advertisers are always looking for low-cost opportunities for engagement themselves. Consequently, if you create a video that goes super viral or uses a phrase that might catch on or have some relationship to a major brand (like “crispy”), it may be worth registering those videos.
A lot of creators who know they should register don’t do it because as soon as they look into the process, it turns out to be confusing and complicated. The good news is RightsClick has made it quick and easy. You can register a single work, including an audiovisual work, by a single author here, or with a low-cost subscription you can save time and money by registering groups of up to ten works per application. Plus, RightsClick provides fast, expert support to help you with any questions about the rules.
So, if you create the next destined-to-go-viral video about crispiness or any other subject, RightsClick can help you protect that work before a commercial advertiser uses it—and with a just a few clicks!





