Alliance Center for
Intellectual Property Rights
USER-GENERATED CONTENT AND IPR LAWS
June 15, 2023
* Mr. Anshuman Jamkiar
INTRODUCTION
The internet era has made content creation and sharing it with the world very convenient and easy. Online platforms like YouTube, Instagram, and TikTok are continually growing, thanks to the increasing number of creators who use them daily. Tens of thousands of people have made careers out of these content-sharing platforms. Becoming a social media influencer and eventually an internet celebrity is a lucrative business nowadays. The content, that the users of these platforms make, and share is called “user-generated content” (UGC). The above-mentioned platforms are intermediaries and are provided in the form of applications or websites to the users to create contents, and thus, UGC is owned by the users and not by the platform.
Users reuse material such as songs and images made by others in their videos, posts, reels, memes, etc. Users often are under the false assumption that providing credits to the original creators, or not monetizing the work that reuses the third-party content, places them safely under the umbrella of ‘fair use’ under intellectual property rights laws. This, however, cannot be further from the truth and can land such creators into legal trouble. This blog dwells into the Indian legal framework surrounding UGC, as well as discuss the pros and cons of UGC for creators.
LEGAL FRAMEWORK
In India, UGC can be covered under copyright laws and trademark laws. Understanding the legal framework for UGC in India can be challenging due to the complexity of IPR law and the unique nature of UGC.
Under the Copyright Act of 1957, content is classified into "Original work" and "Transformative work." Transformative work refers to when an author adds value and makes modifications to an already existing idea or product without violating the copyright of the original work. However, to be protected under the law, the work should be creative to a substantial degree and not merely a copy of the original copyrighted work.
One issue with UGC and copyright law is the concept of fair use. Section 52 of the Copyright Act allows for certain uses of copyrighted material without permission from the copyright owner, such as for research or educational purposes. However, the boundaries of fair use can be ambiguous and vary depending on the circumstances.
Additionally, Section 51 of the Copyright Act lays out the exclusive rights of the copyright owner, including the right to reproduce, distribute, and communicate the copyrighted work to the public. The enforcement of copyright in the context of UGC can be challenging, as it can be difficult to identify and locate the infringing parties. Moreover, some UGC creators may be unaware of their rights under copyright law, which can lead to infringement by other parties.
Similar to the copyright laws, UGC can also infringe trademark laws. For instance, if a UGC creator uses a brand's logo or name in a video or photograph without permission, it can lead to trademark infringement. In India, the law recognizes the concept of dilution, which refers to the weakening or blurring of a famous trademark due to unauthorized use.
Under the Trademarks Act, of 1999, unauthorized use of a registered trademark can lead to trademark infringement. Moreover, Section 29 of the Act lays out the types of activities that can constitute trademark infringement, including the use of a similar or identical mark in connection with similar or identical goods or services or the use of the same for advertising (which is very common in the online space nowadays).
Overall, the legal framework for UGC in India is complex and challenging to navigate. As UGC continues to grow in popularity, creators and users need to understand their rights and obligations under Indian IP and privacy laws.
PROS & CONS
UGC can offer many benefits to creators, such as exposure to new audiences, increased engagement with their followers, and inspiration for new ideas. It can also help creators showcase their authenticity and build trust with their audience and is often more cost effective than traditional advertising or marketing methods.
However, UGC can also present challenges and potential drawbacks. Creators may not have full control over how their content is used or shared and may have to sift through a lot of content to find the best examples. UGC can also raise legal issues such as copyright infringement or defamation, which can be time-consuming and costly to resolve. Additionally, UGC may not align with a creator's branding or messaging, and it can be difficult to ensure that all UGC is consistent with the creator's image. Finally, UGC can be misinterpreted or taken out of context, leading to negative publicity or backlash.
Despite these challenges, UGC can still be a valuable tool for creators when used effectively. Creators should consider their goals, resources, and audience when deciding whether to incorporate UGC into their strategies and should be prepared to navigate any challenges that arise. By weighing the potential benefits and drawbacks, creators can make informed decisions about how to incorporate UGC into their overall approach. Creators can stay safe by being aware of and adhering to the laws surrounding UGC and platform guidelines. It is also crucial for creators to be respectful of the intellectual property rights of others and their own.
CONCLUSION
In conclusion, User-Generated Content (UGC) is a growing phenomenon in the digital age that has transformed the way we create and consume content. UGC has become an essential part of the social media landscape, with millions of users contributing to platforms like Facebook, Twitter, and YouTube daily. However, UGC raises several legal and ethical issues related to intellectual property (IP), including copyright, trademark, and privacy concerns.
In India, the legal framework for UGC is still evolving, with copyright, trademark, and privacy laws and are applied in different ways to UGC. While UGC creators and users enjoy certain protections under Indian IP law, there remain many challenges involved in navigating the legal and ethical issues raised by UGC. These challenges include issues of ownership, infringement, fair use, dilution, false advertising, data protection, consent, and defamation, among others.
To address these challenges, UGC creators and users should follow best practices that include attribution, licensing, and other tools for managing UGC rights. By doing so, they can help promote a healthy and vibrant ecosystem of UGC that respects the rights of creators and users alike.
Looking ahead, UGC is likely to continue playing an important role in the digital age, with new technologies and platforms emerging all the time. As such, policymakers, lawyers, and other stakeholders need to stay up to date on the latest trends and developments in UGC and IP law. By doing so, they can help ensure that UGC continues to thrive in a way that is legal, ethical, and sustainable.
REFERENCES:
- Swathi Priya Raj & Mrudula Manappatt, Are User-Generated Content (UGC) posted on social media sites protected under the Copyright Law in India?, Puthrans, https://www.puthrans.com/are-user-generated-content-ugc-posted-on-social-media-sites-protected-under-the-copyright-law-in-india/.
- Meghana Chandorkar & Urjitah Srikanth, The Big “Monster”: User Generated Content In The Indian Landscape, Legal 500, https://www.legal500.com/developments/thought-leadership/the-big-monster-user-generated-content-in-the-indian-landscape/.
Author:
* Mr. Anshuman Jamkiar
4th Year LLB
National Law University Odisha.
Disclaimer: The opinions expressed in the article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of the Alliance Centre for Intellectual Property Rights(ACIPR) and the Centre does not assume any responsibility or liability for the same.