The Copyright Act, 1957 governs the protection of intellectual property, particularly creative works such as literature, music, films, and artistic creations. With the rise of digital platforms like YouTube, the world’s largest video-sharing platform, the Act has become increasingly relevant in regulating how content is created, shared, and monetized. This article provides a detailed exploration on what is copyright laws in youtube, focusing on its implications for content creators, users and the platform itself in India. It covers key aspects such as copyright infringement, fair dealing, licensing, technological protection measures and intermediary liability supported by case laws and authoritative sources.
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Understanding the Copyright Act, 1957
The Copyright Act, 1957, effective from January 21, 1958, is India’s primary legislation for protecting intellectual property rights (Copyright Office of India). It grants creators exclusive rights under Section 14, including the right to reproduce, distribute, perform, and communicate their work to the public.
These rights are important for creators in order to control their content and derive economic benefits. The Act has been amended six times, with the 2012 amendment being the most significant, which addresses digital challenges and aligning with international treaties like the Berne Convention and TRIPS Agreement.
In the context of YouTube, the Act regulates how Indian users and content creators interact with copyrighted material. While YouTube, a U.S. based company, primarily operates under U.S. copyright law, Indian users must comply with the Copyright Act, 1957, when uploading or using content on the platform, which ensures that the rights of creators are protected while allowing for lawful content sharing.
Copyright Infringement on YouTube
Section 51 of the Copyright Act, 1957, defines infringement as the unauthorized use of copyrighted material, such as reproducing, distributing or communicating it to the public without the owner’s consent. On YouTube, uploading a video containing copyrighted material such as a full-length movie, a music video, or a short clip without permission violates the Act. This can lead to copyright strikes, video takedowns or legal action.
YouTube’s Content ID system automates the detection of copyrighted content, allowing owners to monetize, block, or track videos that use their material. In India, copyright owners can issue takedown notices, and YouTube must comply to avoid liability. Failure to remove infringing content can result in penalties under the Act, including fines or imprisonment.
The following are some of the landmark Judgements related to copyright infringements:
Case Law: Shree Krishna International Film Productions v. Google India and YouTube LLC (2019)
In Shree Krishna International Film Productions v. Google India and YouTube LLC (2019), the plaintiff alleged that a feature of YouTube named as “YouTube Downloader” enabled users to download copyrighted content without permission, resulting in infringement. The District Court awarded INR 50,000 in damages by underscoring YouTube’s responsibility to prevent unauthorized access to copyrighted material.
Case Law: Patanjali Ayurveda Limited v. Google LLC and Others (2019)
In Patanjali Ayurveda Limited v. Google LLC (2019), the Delhi High Court ordered YouTube to remove a video disparaging Patanjali products by ruling that it violated copyright and proprietary rights. The court also directed YouTube to disclose the details of uploader, highlighting the platform’s role in enforcing copyright laws.
Also, Get to Know About Infringement of Geographical Indication.
Fair Dealing Under the Copyright Act
The Copyright Act, 1957, provides an exception known as “fair dealing” under Section 52, allowing limited use of copyrighted material without permission for purposes such as private use, research, criticism, review, education, or reporting current events. Unlike the broader U.S. concept of “fair use,” fair dealing is narrowly defined, and Indian courts interpret it on a case-by-case basis.
For YouTube content creators, fair dealing is crucial when using copyrighted material for commentary, parody, or educational videos. For example, a creator reviewing a film may include short clips under fair dealing, provided it does not harm the original work’s commercial value. However, misinterpreting fair dealing can lead to copyright strikes or legal challenges, as Indian law is stricter than U.S. law in this regard.
Case Law: ANI v. YouTube Content Creator (2025)
In a recent case of ANI v. News (2024), the Delhi High Court examined the principle of fair dealing in the context of YouTube, where ANI alleged that a YouTube creator’s use of their news footage diverted traffic and revenue, constituting infringement. The court considered factors like economic impact and ruled on the scope of fair dealing, emphasizing the need for creators to respect copyright boundaries.
Read about What is a Trade Secret?
Licensing and Royalties
The Copyright Act, 1957, governs licensing, which is essential for YouTube creators using copyrighted material, particularly music and sound recordings. Sections 31 to 31D outline voluntary, statutory, and compulsory licenses, enabling creators to legally use copyrighted works.
YouTube collaborates with copyright societies like the Indian Performing Right Society (IPRS) to manage licensing and royalties for music used in videos. The platform’s Content ID system ensures that copyright owners receive revenue when their content is used, while creators can access YouTube’s audio library or creator music program to use licensed material.
Case Example: Bharat Jodo Yatra and KGF Chapter 2
During the Bharat Jodo Yatra, the Indian National Congress used copyrighted music from KGF Chapter 2 without a license, sharing it on YouTube and other platforms. The Karnataka High Court found this to be a prima facie infringement, highlighting the need for proper licensing even for short clips.
Technological Protection Measures (TPMs)
The 2012 amendment to the Copyright Act, 1957, introduced provisions for technological protection measures (TPMs) and rights management information (RMI). These provisions prohibit the circumvention of TPMs, such as encryption or digital rights management (DRM), used to protect copyrighted works.
On YouTube, TPMs are relevant for videos protected by DRM technologies. Attempting to bypass these protections to access or distribute content without authorization is illegal under the Act, ensuring creators can safeguard their work in the digital environment.
Intermediary Liability
Under Section 79 of the Information Technology Act, 2000, intermediaries like YouTube are protected from liability for third-party content, provided they act as a conduit and do not initiate, select, or modify the content. However, this safe harbor is lost if YouTube has actual knowledge of infringing content and fails to remove it promptly.
The Copyright Act, 1957, reinforces this by requiring YouTube to respond to takedown notices from copyright owners. Failure to comply can expose the platform to civil and criminal penalties, including damages or imprisonment under Sections 63 and 55.
Case Law: Indian Performing Right Society Ltd. v. Sanjay Dalia & Anr.
In Indian Performing Right Society Ltd. v. Sanjay Dalia & Anr., the court addressed the unauthorized use of copyrighted music on YouTube, clarifying intermediary liability. The ruling emphasized that YouTube must act swiftly to remove infringing content upon notification to maintain its safe harbor status.
Read to learn more about the Registrar of Trademarks.
Challenges and Future Directions
The intersection of the Copyright Act, 1957 and YouTube presents several challenges, especially with emerging technologies like AI-generated content, deepfakes and short-form videos on YouTube Shorts. These innovations raise questions about copyright ownership and infringement, requiring ongoing updates to the Act.
India’s membership in international copyright conventions, such as the Berne Convention and WIPO treaties, ensures that the Act aligns with global standards. However, further amendments may be needed to address digital platforms’ unique challenges, ensuring a balance between creators’ rights and public access to content.
Summary
The Copyright Act, 1957 plays an important role in regulating YouTube in India by providing a legal framework for protecting rights of the creator, addressing infringement and facilitating licensing. Through provisions like fair dealing, TPMs and intermediary liability, the Copyright Law ensures that YouTube operates within a structured copyright environment. The courts have also enforced the Act in YouTube-related cases by holding both users and the platform accountable for compliance. As YouTube continues to evolve, the Copyright Act, 1957 remains a pivotal tool for maintaining the integrity of intellectual property rights along with fostering creativity and innovation in the digital age. Content creators, users, and YouTube itself must navigate the Act’s provisions to ensure lawful and ethical content sharing.
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What is Copyright Laws in YouTube: FAQs
Q1. What are the rules of copyright on YouTube?
The Copyright Act, 1957, applies in India. Don’t upload copyrighted material (e.g., music, videos) without permission. Fair dealing allows limited use for criticism or education (Section 52). Licensing is needed, and YouTube’s Content ID enforces rules.
Q2. How do I avoid copyright on YouTube?
Use original or licensed content (e.g., YouTube’s audio library, IPRS music). Ensure fair dealing for short clips (e.g., commentary). Avoid full songs, movies, or unlicensed material.
Q3. What happens if you do copyright on YouTube?
Copyright violations may cause strikes, video takedowns, or channel suspension. Legal action under Section 51 can lead to fines or up to 7 years’ imprisonment (Section 63). Monetization may be lost.
Q4. Should I delete my YouTube video if it says copyright?
Review the claim. If unlicensed and not fair dealing, delete to avoid strikes or legal issues. For minor claims, edit or dispute if valid.
Q5. How do I remove copyright in YouTube?
Resolve claims by licensing, removing material, or disputing under fair dealing. Edit videos in YouTube Studio to mute/trim infringing parts. Appeal invalid claims via YouTube’s tools.
