This article explains copyright law pictures on internet i.e. how the Copyright Act, 1957 applies to pictures on the internet, particularly photographs, in a clear and easy-to-understand way. It covers what the law protects, the rights of copyright owners, what counts as breaking the law (infringement), exceptions that allow certain uses without permission, and recent legal developments. The aim is to help creators, internet users, and others understand how to use pictures legally in India’s digital world, without cutting any key details.
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Copyright Law Pictures on Internet
The Copyright Law in India, protects creative works in India, including pictures like photographs shared online. Under Section 2(c) of the Act, photographs are considered “artistic works,” alongside paintings, sculptures, drawings, engravings, architectural designs, and other works of artistic craftsmanship. This means that any photograph you find online, whether on social media, websites, or apps, is likely protected by copyright law, giving the creator control over how it’s used.
Using someone else’s picture without their permission, for example, sharing it on social media or using it in a blog can break the law, which is called copyright infringement. If caught, you could face legal action, including court orders to stop using the picture, paying money for damages, or even criminal penalties like jail time or fines. However, there are some situations where you can use pictures without permission, thanks to exceptions like “fair dealing” or temporary storage during online activities.
What Works Are Protected?
The Copyright Act defines “artistic works” in Section 2(c) to include:
Paintings, sculptures, and drawings (like diagrams, maps, charts, or plans).
Engravings (images carved or etched onto a surface).
Photographs, regardless of whether they’re considered “artistic” in quality.
Architectural works (like building designs).
Works of artistic craftsmanship (like handmade crafts).
Photographs, in particular, are explicitly protected, which is important for pictures on the internet. Whether it’s a professional photo, a selfie, or a digital image, as long as it’s original, it’s covered by the Act. This protection applies the moment the picture is created, so creators don’t need to register it to claim their rights, though registering can help in legal disputes.
Rights of Copyright Owners
Under Section 14(c), the person who owns the copyright of a picture (usually the creator or someone they’ve transferred the rights to) has several exclusive rights. These apply directly to how pictures are used online:
Reproduction: They control whether the picture can be copied, like downloading it, saving it to a device, or uploading it to a website.
Communication to the Public: They decide if the picture can be shared online, such as posting it on Instagram, X, or a blog, where others can view or download it.
Distribution: They control whether copies of the picture can be shared or sold, whether in physical prints or digital files.
Adaptation: They have the right to make changes to the picture, like editing it or creating new versions (e.g., turning a photo into a meme or artwork).
These rights last for a long time, until 60 years after the creator’s death for photographs and other artistic works, as stated in Section 22. This ensures creators or their heirs can benefit from their work for decades, even in the fast-moving digital world.
Learn more about Nature of Copyright
Infringement and Legal Consequences
Infringement happens when someone uses a copyrighted picture without permission in a way that only the copyright owner is allowed to do, as outlined in Section 51. Common examples of infringement online include:
Sharing someone else’s photo on social media, a website, or messaging apps like WhatsApp without their approval.
Using a picture in advertisements, blogs, or videos for commercial purposes without permission.
Editing or modifying a picture (e.g., cropping, adding filters, or creating memes) without the owner’s consent.
If you infringe copyright, you could face serious consequences:
Civil Remedies (Section 55)
The copyright owner can ask a court to:
Issue an injunction to stop you from using the picture.
Demand damages to cover their financial losses.
Ask for any profits you made from using their picture.
If you didn’t know the picture was copyrighted and had no reason to think it was, the court might only stop you from using it further or ask for profits, not damages.
Criminal Penalties (Section 63)
Breaking copyright law is treated as a serious offense in India, with penalties including:
First offense: 6 months to 3 years in jail and a fine of ₹50,000 to ₹2 lakh. If the use wasn’t for commercial gain, the court might reduce the punishment for special reasons.
Repeat offenses: 1 to 3 years in jail and a fine of ₹1 lakh to ₹2 lakh, with similar exceptions for non-commercial use.
Digital-Specific Offenses:
Section 65A: If you bypass digital protections (like hacking digital rights management or DRM systems) to use a picture, you could face up to 2 years in jail and a fine.
Section 65B: Removing or changing copyright information (like the creator’s name or a copyright notice) on a picture without permission can also lead to up to 2 years in jail and a fine.
These rules make it clear that using pictures online without permission can lead to serious trouble, so it’s important to check if you have the right to use an image.
Exceptions and Fair Use
The Copyright Act includes exceptions under Section 52 that allow you to use copyrighted pictures without permission in specific cases. These are especially relevant for online use and help balance the rights of creators with public access. Here are the key exceptions:
Fair Dealing (Section 52(1)(a)): You can use a picture for private or personal use, like saving it for your own study or research, criticism or review, such as using a photo in a blog post to analyze or critique it and reporting current events, like including a photo in a news article. However, “fair dealing” is strictly interpreted in India. If your use harms the copyright owner’s ability to make money (e.g., by reducing demand for their work), it might not qualify as fair dealing.
Transient or Incidental Storage (Section 52(1)(b) and (c)): When pictures are temporarily stored during online activities like caching or buffering while browsing, they’re not considered infringement. This applies to internet providers or platforms, as long as the storage is automatic and not for profit or If someone complains in writing, the platform must block access to the picture for 21 days or until a court decides otherwise.
Publicly Displayed Works (Section 52(1)(s) and (t)): You can take or share photos, drawings, or paintings of artistic works (like sculptures or buildings) that are permanently located in public places, like parks or museums open to the public.
Incidental Use in Films (Section 52(1)(u)): If a picture appears in the background of a movie or video by accident (e.g., a photo on a wall), it’s not considered infringement.
Library and Educational Uses (Section 52(1)(n) and (p)): Non-commercial public libraries can store pictures digitally for preservation if they already have a physical copy. Also, libraries or museums can reproduce unpublished works for research or study 60 years after the creator’s death.
These exceptions allow some flexibility for using pictures online, but you need to be careful to follow the rules exactly to avoid legal issues.
Learn what are the punishments for copyright infringement
Special Rules for Digital Content
The Copyright Act was updated in 2012 to address challenges in the digital age, adding protections for pictures online:
Technological Measures (Section 65A): Copyright owners can use digital tools, like digital rights management (DRM), to protect their pictures from being copied or shared without permission. If you try to bypass these protections (e.g., cracking software to access a locked image), you could face up to 2 years in jail and a fine.
Rights Management Information (Section 65B): Every picture online should include details about its copyright, like the creator’s name or a copyright notice. If you remove or change this information knowing it could lead to infringement, you could face up to 2 years in jail and a fine.
These rules help protect digital images in an era where pictures are easily shared and copied online, ensuring creators maintain control over their work.
Summary
India’s Copyright Act, 1957, protects pictures on the internet, especially photographs, by treating them as artistic works. Copyright owners have the right to control how their pictures are copied, shared, or changed and unauthorized use can lead to serious legal consequences, including lawsuits or jail time. However, exceptions like fair dealing allow limited use for things like personal study, news reporting, or temporary online storage, as long as the rules are followed. Recent court cases show that Indian courts are adapting these laws to the digital world, with ongoing discussions about how platforms like social media should handle copyrighted content. To stay safe, always get permission from the copyright owner or make sure your use falls under an exception.
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Copyright Law Pictures on Internet: FAQs
Q1. Are pictures on the internet protected by the Copyright Act, 1957?
Yes, pictures, especially photographs, are protected as artistic works under Section 2(c), giving creators exclusive rights to control their use.
Q2. What happens if I use a copyrighted picture online without permission?
Using a picture without permission is infringement under Section 51. You could face lawsuits (with court orders or damages) or criminal penalties, like up to 3 years in jail and fines up to ₹2 lakh.
Q3. Can I use internet pictures for free under fair use in India?
Yes, Section 52 allows “fair dealing” for private study, criticism, or news reporting, but it’s limited. If your use hurts the copyright owner’s income, it may not be considered fair.
Q4. Are social media platforms responsible for copyrighted pictures?
Platforms like WhatsApp or X aren’t usually liable if they’re just intermediaries, as seen in cases like Urvashi v. Whatsapp Inc. They must, however, remove copyrighted content when asked.
Q5. How long does copyright protection last for pictures in India?
For photographs, copyright lasts for the creator’s lifetime plus 60 years after their death, as per Section 22.
