IPR Laws/ Copyright/futuristlegal.com
By Yogita Bharti, 1st April, 2025
- Introduction
- What is Copyright?
- Is there any copyright in a User Generated Content?
- Fair Dealing vs Infringement
- Does Repost constitute infringement?
- What can be done to avoid infringement?
- Legal Remedies
- Conclusion
Image source: https://www.dreamstime.com/stock-photo-intellectual-property-word-cloud-concept-image88380052
Introduction
Social media has transformed the way content is created, shared, and consumed. Platforms like Instagram, Facebook, TikTok, and YouTube have given rise to a new generation of digital creators who make a living by producing engaging content. The rapid expansion of social media platforms has transformed the way content is created, shared, and consumed. While this has democratized creativity, it has also led to rampant IP violations and ethical concerns. A notable concern was recently highlighted by Justice B.R. Gavai, who warned against the misuse of court hearing videos by YouTubers and content creators for revenue generation, calling it the violation of Intellectual Property over judicial recordings. His remarks reflect a growing legal and ethical dilemma in the digital space where publicly available content is repurposed, monetized, and often misrepresented. This issue is not limited to judicial proceedings but extends to music, film dialogues and viral videos that frequently appear in memes, reaction videos, and short clips on social media.
A study by IZEA found that 54% of individuals aged 18 to 60 in the United States would leave their current jobs to become full-time influencers if financially viable. While India has witnessed a similar boom in the influencer economy, it has also brought new legal challenges, particularly regarding copyright infringement.
With social media thriving on memes, reposted posts, and user generated content (UGC), creators frequently use Bollywood songs, film dialogues, movie clips, music, and video clips without authorization. This has led to increasing copyright disputes between content creators, production houses, media companies and the original creators of the work. While platforms offer tools to protect copyright holders (such as YouTube’s Content ID and Instagram’s automated takedown system), India’s copyright laws remain unclear when it comes to the legality of user generated content (UGC).This article explores whether user-generated content (UGC) on social media violate Indian copyright laws, analyzing the Copyright Act, 1957, landmark cases, and potential legal reforms needed to balance intellectual property rights with creative freedom
What is Copyright?
Copyright, as defined under Sections 13 and 14 of the Copyright Act, 1957, is the exclusive legal right granted to the creator of an original work, allowing them to control its use and distribution. It applies to various categories of works, ensuring protection against unauthorised reproduction, adaptation, and distribution. As per Section 13, copyright subsists in: Original Literary, Dramatic, Musical, and Artistic Works such as novels, scripts, songs, paintings, cinematograph films like movies and video recordings and Sound Recordings i.e recorded music or audiobooks.
Is there any copyright in a User Generated Content?
A UGC includes social media posts, blogs, videos, reviews, artwork, memes and music created by users on platforms like YouTube, Instagram, Facebook or Reddit. Now, the question arises whether a user generated content infringes copyright or can a user generated content have it’s separate copyright in it own. To answer this one needs to analyze each elements of a video. A UGC is typically comprised of a background music, the voiceovers, images and videos. If a person creates an original content (both image and text), they can claim copyright over it. However, if a meme is based on an existing copyrighted image, video, or artwork, it may infringe the original creator’s copyright unless it qualifies as fair use. For example, If a creator draws their own character and adds a funny caption, they have their own voice overs and script, they have copyright over it. But if someone takes a famous scene from a movie and adds text, they might be infringing the film’s copyright. If the content is original and independently created, the user owns the copyright but if it uses copyrighted material (like movie clips, music, or photos) without permission, it could be considered infringement, unless it falls under fair use or fair dealing exceptions. For example A gamer uploading unedited gameplay footage from a copyrighted game may not have copyright over it.
Fair Dealing vs Infringement
Fair dealing serves as an exception to copyright infringement under Section 52 of the Act. While unauthorised use of copyrighted content is generally considered infringement under Section 51, certain uses are legally permitted under fair dealing, provided they meet specific conditions. Fair dealing allows limited use of copyrighted works without permission for purposes such as research, criticism, review, reporting, teaching, and parody. For example- using a film clip in a critique video could be fair dealing, but reposting full movie scenes for entertainment would likely be infringement. A meme page using a famous film dialogue with edited text to comment on current events is considered fair dealing however, if they use a substantial portion of the work without transformation for purely commercial purpose, they might not take the defense of fair dealing.
In India TV v. Yash Raj Films (2013), the Delhi High Court held that India TV’s use of short clips from Yash Raj Films’ copyrighted content did not amount to infringement, as it was minimal and incidental. The court applied the de minimis principle, ruling that the three-second clip from Kajra Re and the chat show segment where singer Vasundhara Das performed excerpts of her own songs were trivial uses that did not harm the copyright holder’s commercial interests. The court emphasized that while fair dealing must be assessed on a case-by-case basis, minor, non-commercial uses that do not exploit copyrighted content unfairly may not be considered infringement. However, it clarified that visual clips from cinematographic films should generally not be used without permission.
Does Repost constitute infringement?
Reposting content on Instagram can constitute copyright infringement under section 51, if done without the original creator’s permission. For example- sharing someone’s photograph, artwork, or video on your feed or in your reel without credit or approval. Reposting someone else’s artwork or design and claiming it as your own also constitutes Copyright infringement. This is not just copyright infringement but could also lead to plagiarism claims and violation of moral rights under Section 57 of the Copyright Act.
What can be done to avoid infringement?
As a user, to avoid copyright infringement on social media, always try to create original content or get permission before using someone else’s work. Giving credit is not always enough, make sure the creator allows reposting. Instead of using copyrighted images, videos, or music without permission, opt for royalty-free platforms like Unsplash, Pexels, Pixabay, Freepik, YouTube Audio Library, Free Music Archive (FMA), Bensound, and Incompetech, all of which provide content that can be legally used with proper attribution or licensing. Instead of downloading and re-uploading content, use platform-approved sharing features like Instagram’s “Share to Story.”
As a copyright holder, one of the simplest ways is to watermark your images and videos or add a copyright notice in captions and descriptions, making it clear that the content is protected. While copyright protection is automatic upon creation, registering your work under the Copyright Act, 1957 strengthens your legal claim. Regularly monitor online usage through tools like Google Reverse Image Search, Pixsy, and Copyscape to track unauthorized use. Many platforms, including YouTube Content ID and Instagram Rights Manager, offer tools to help copyright holders manage and protect their content.
If you find someone using your work without permission, you can issue a DMCA takedown request to platforms like YouTube, Instagram, or Facebook. To allow legal use while maintaining control, consider licensing your content under Creative Commons or a paid model. If infringement continues despite these measures, legal action may be necessary. By actively monitoring and enforcing copyright protections, creators can safeguard their intellectual property and prevent misuse of their work
Legal Remedies
If despite taking the above mentioned protection measures, a copyright holder does not receive relief, they can take legal action under the Copyright Act, 1957, which provides both civil and criminal remedies. Section 51 defines what constitutes infringement, while Section 55 allows the copyright holder to seek civil remedies such as injunction, claiming damages, seeking the disclosure of profits gained by infringer by committing infringement or seeking destruction of stocked infringing copies.
Criminal liability is covered under Section 63, which prescribes imprisonment and fines, and Section 64 allows police to seize infringing copies without prior court approval. Copyright infringement cases can be filed in the District Court or High Court, depending on the jurisdiction, while criminal cases are heard in a Magistrate or Sessions Court.
Under the Limitation Act, 1963, the limitation period for filing a copyright infringement case is three years from the date of infringement. To prove infringement, the copyright holder must provide proof of ownership, such as a copyright registration certificate, evidence of infringement (screenshots, URLs, timestamps), cease and desist notices, and financial loss records if applicable. The resolution time varies—civil cases may take one to three years, while criminal cases can conclude within six months to two years, though appeals may extend the timeline.
Conclusion
The intersection of social media and copyright law is a battleground between creative expression and intellectual property rights. As digital platforms continue to evolve, so must our understanding of ownership, originality, and fair use. The law exists not to stifle creativity but to protect and reward it, ensuring that creators retain control over their work while allowing room for transformative content. However, with great access comes greater responsibility—users must respect copyrights, platforms must enforce protections, and copyright holders must actively safeguard their rights.