Social Media and Copyright Infringement in India: What Influencers Must Know

Kiratraj Sadana
May 15
3 min read

📘 Introduction

From reels and YouTube videos to Instagram posts and memes—content is currency in today’s creator economy. But what many influencers overlook is that social media and copyright infringement in India go hand in hand when content is reused, remixed, or reposted without proper rights.

This article breaks down the risks, rules, and remedies around copyright law for influencers, brands, and content creators on Indian and global platforms.

📲 The Social Media-Copyright Collision

Social media thrives on user-generated content, but most platforms don’t automatically grant users the right to reuse or edit copyrighted material (music, clips, artwork).If you're not the original rights holder, or haven’t received permission, using that content could constitute infringement under the Copyright Act, 1957.

⚖️ Legal Definition of Infringement (Under Indian Law)

Infringement occurs when a person uses a substantial part of a copyrighted work:

Without authorization
In a manner not covered by fair use/fair dealing
For commercial or public use

📌 Sections 51 and 52 of the Copyright Act govern what amounts to infringement and the exceptions.

❌ Common Forms of Copyright Infringement on Social Media

Using Popular Songs in Reels or Shorts
- Playing Bollywood or Western tracks without a license
- May be allowed via the platform’s internal music library (e.g., Instagram), but not in third-party edits
Sharing Memes or Art without Credit or Permission
- Even publicly available content isn't “free to use”
Reposting YouTube videos or TikToks
- Downloading and uploading someone else's content is direct infringement
Using Images from Google or Pinterest
- These are usually protected works; you need a license or stock photo rights
Unlicensed Brand or Film Content in Sponsored Posts
- Using logos, character clips, or dialogues in monetized content

🧑‍⚖️ What the Law Says: Social Media and Copyright Infringement in India

India recognizes digital infringement just like physical reproduction. Section 63 of the Copyright Act even provides criminal penalties for willful infringement:

Up to 3 years imprisonment
Fines up to ₹2 lakh
Seizure of devices and content

Courts are increasingly dealing with influencer-related IP misuse—especially in defamation, passing off, and unauthorized use of copyrighted works.

🤳 Do Influencers Have Any Safe Zones?

Yes—platforms like YouTube, Instagram, and TikTok provide access to licensed music libraries for in-app use.

However:

These licenses do not extend to brand collaborations or paid promotions
Any use outside the app (e.g., downloading content, reposting) is not protected

✅ Tips to Stay Compliant with Copyright Laws on Social Media

Use royalty-free or platform-licensed music
Give credit—but remember, credit alone doesn’t equal permission
Use stock libraries (e.g., Unsplash, Pexels, Epidemic Sound)
Obtain explicit permission from the content creator
Avoid re-uploading others’ content—use links or embeds instead
Draft content use agreements with brands, creators, and collaborators

💡 For Brands Working with Influencers

Always include copyright clauses in influencer agreements
Clarify ownership of branded content created during the campaign
Ensure the influencer does not use third-party IP without clearance

🧑‍💼 What to Do If Your Content is Infringed?

Send a takedown notice to the platform (e.g., YouTube, Instagram)
File a civil suit for injunction and damages
For serious cases, explore criminal action for willful infringement

Apar Law helps creators and brands file takedowns, draft influencer contracts, and enforce their IP online.

✅ Conclusion

Understanding the intersection of social media and copyright infringement in India is essential for every digital creator. What seems like harmless sharing can quickly escalate into legal trouble—especially when content is monetized.

Stay safe, use original or licensed content, and seek legal clarity where in doubt.