In the ever-evolving landscape of the digital age, content creation on social media has become a pivotal aspect of self-expression and livelihood for many. As the online world continues to shape the narrative of human connection, it is essential to delve into the legal intricacies surrounding content creation.
This article explores the journey of content creators in the era of social media, shedding light on the rights and laws that safeguard their creative endeavours.
The exploration begins by defining social media content, elucidating its evolution from a mere platform for connectivity to a medium for businesses, entertainment and individuals alike. The multitude of categories of content, including user-generated content, live streams, videos, and contests, showcase the diverse ways in which individuals engage with their audience.
The article delves into the rights and laws conferred upon content creators, emphasizing the importance of Intellectual Property Rights (IPRs) in protecting their creative output. This article mentions a case study featuring popular YouTuber Carryminati that sheds light on the challenges content creators face.
The removal of his video criticising TikTok underscores the complex relationship between a creator’s freedom, platform rules, and the lack of clear legal provisions in India. The emotional and financial toll on creators in the face of content takedowns reveals the need for legal reforms.
So let’s start from the beginning.
What is content on social media
Social media content refers to the innumerable photos, videos and articles that people post across platforms like Facebook, Instagram, LinkedIn, etc on a daily basis. Content is different from normal posts and feed as content has a slight hint of commercial aspect.
Companies are especially interested in these platforms’ content because these content provide a far more direct means of communication with users than conventional marketing strategies. Unlike conventional methods, social media content offers a more personalized and interactive experience, allowing companies to engage directly with their audience, build brand loyalty, and even gather real-time feedback.
Social Media has become an indispensable part of everyday life of millions of people. Everyday millions of users browse through social media, as a result social media has become a lucrative option for the businesses to brand and promote their products.
As the digital landscape continues to evolve, businesses find themselves navigating a competitive terrain where the effectiveness of social media content can be a game-changer. For the best utilization of Social Media, content is classified into diverse categories to serve specific purposes and to target distinct audiences.
1. User generated content
This type of content is created by individuals who are not professionally affiliated with a brand or company but rather are regular users, customers, or fans.
These are voluntarily produced by people who have a genuine interest in a product, service, or brand. User-generated content is often shared on social media platforms, forums, blogs, and other online spaces.
2. Live streams
Live stream is a method where the content creator comes live on the social media to interact with the audience and respond to customer questions, share product reviews and launches, or even run a behind-the-scenes feature, live streaming is the future of social video content.
3. Videos
Videos are recorded by the creator which contains brand integration. These videos are crafted by content creators who strategically weave the brand into the narrative in the video.
The content creator, in these instances, becomes a spokesperson for the brand, materializing their influence and reach to communicate the product’s features, benefits, and overall value. In return of which the creator is paid to talk about the product. The essence of these videos lies in the authentic and relatable way the creator talks about the featured product.
4. Contest and competitions
Contest and competitions are another method through which a brand is quickly built-up on social media at minimal cost and in a short span of time. The hack over here is the psychology of people behind such contest. Who doesn’t want to win a competition?
This psychology is used by the brands to attract audience towards them and make them get hands on their product for trial. And eventually make them acquainted to the products and turn them to customer.
Similarly a diverse array of category of social media content coexist that is currently employed.
Who are social media content creators
A person who produces and disseminates material on social media platforms with the goal of enlightening or entertaining users is known as a social media content creator.
Through writing, photos, videos, and other multimedia, these innovators engage audiences with their creativity, expertise, and distinct viewpoints. Social media content creators—be they bloggers, vloggers, influencers, or artists—are essential to form online communities and influence digital narratives.
What are the rights and laws conferred with the creators
With progress in internet content creation more number of people take up content creation as a source of livelihood. Due to increase in number of people, dispute also arise between individuals in the fascinating field of content creation. Thus laws have an essential role to play amongst such disputes.
Some of the rights and laws that are conferred with the content creators for the preservation of their rights and resolving disputes are Freedom of Speech and expression, Indian Copyright Act 1957, the Patents Act, 1970, the Information Technology Act, 2000, the Designs Act, 2000, all these laws fall under the preview of Intellectual Property Rights.
Also Read: Broadcasting Regulation Bill, 2023: A Game Changer Or A Media Control Mechanism?
Intellectual Property Rights And IT Act
The most important and basic requirement of a content creator is to be creative. By using the creativity, the creator creates attention grabbing posts on social media. The posts are the end product of a person’s creativity, which are also termed as Intellectual Property.
These Intellectual property are an asset for the creator and thus protecting the posts from any kind of intervention is the primary concern of the creator. And thus, in India the Intellectual Property of the creator is protected with the help of Intellectual Property Rights.
Intellectual Property Rights (IPRs) play a vital role in safeguarding a content creator’s inventive output. These rights encompass a range of legal protections, including copyrights, trademarks, and patents, which collectively shield the creator’s intellectual assets from unauthorized use or reproduction.
Copyrights specifically guard the originality of content, ensuring exclusive rights to its creator for a specified duration. Trademarks protect distinctive elements associated with the creator’s brand, while patents safeguard unique inventions or processes.
By leveraging Intellectual Property Rights, content creators not only secure their creative endeavors but also gain the ability to license, sell, or enforce these rights against infringement, reinforcing the value and integrity of their intellectual contributions.
Carryminati Saga
In recent times, instances of Intellectual Property Rights infringement on platforms like YouTube have come to the fore, with Carryminati being among the YouTubers who fell victim to such violations. In 2020, Carryminati gained widespread attention for a video in which he humorously criticized the TikTok app and its users, particularly targeting TikToker Amir Siddiqui.
Despite the video’s popularity, YouTube removed it, citing a breach of their guidelines related to cyberbullying and harassment. This action by YouTube was considered an encroachment on Carryminati’s Intellectual Property Rights, specifically the copyright of the creator, as he held exclusive authority over the video.
Under the Indian Copyright Act of 1957, there exists no explicit law outlining the rights of creators in situations of infringement, leaving such matters subject to the policies established by individual platforms. The inadequacies in Indian laws were evident in this case, where the regulations lacked specificity and details.
Apart from the financial repercussions, Carryminati faced emotional distress, unaddressed by the platform. The existing sections in Indian law fail to directly address the unique challenges faced by content creators, relying on broad formulations open to interpretation by future generations.
In a subsequent incident in November 2023, Carryminati uploaded another video, this time parodying fellow YouTubers in a humorous manner. However, one of the creators mimicked in the video objected to the portrayal and requested the removal of specific clips.
While this instance did not significantly impact the creator’s finances, it once again highlighted the shortcomings of Indian laws in providing clear distinctions and detailed interpretations. Due to the absence of precise guidelines and event-specific rules, the creator found himself unable to seek legal recourse in court.
Also Read: One Nation One Election: Good Governance or Mere Diversion?
Analysis
Carryminati’s situation shows the challenges content creators deal with in the online world, especially when it comes to protecting their creative work that is Intellectual Property Rights or IPR.
The removal of Carryminati’s video criticizing TikTok brings attention to the complex relationship between a creator’s freedom to express themselves, the rules of the platform (YouTube), and the lack of clear laws in India. Although YouTube said they removed the video due to cyberbullying and harassment, there’s uncertainty about how these terms are defined and applied.
This uncertainty and ambiguity in Indian law makes it hard for creators to take legal action when their content is taken down. The impact isn’t just about money; it also affects creators emotionally when their creative work is removed without clear reasons.
In light of these challenges, the legal fraternity needs to advocate for comprehensive legislation that balances the rights of content creators with the responsibilities of online platforms. Specific provisions addressing cyberbullying, harassment, and content takedowns should be incorporated into existing legal frameworks to provide clarity and protection for creators.
Furthermore, the legal system should evolve to consider the unique characteristics of online content creation, ensuring that the law remains relevant and effective in the fast-paced digital environment. Ultimately, this case signifies the need for legal reform to safeguard the interests of content creators, promote creativity, and uphold the principles of justice in the digital age.
Final Thoughts
The lack of specificity in Indian laws, especially under the Indian Copyright Act 1957, regarding online content infringement and takedowns raises concerns. The case underscores the need for legislation that addresses the unique challenges of the digital age, incorporating provisions that balance freedom of expression with responsible platform governance.
The Information Technology Act, 2000, while comprehensive, may need further refinement to address evolving issues like cyberbullying and harassment. The emotional and financial toll on content creators, as illustrated by Carryminati’s experience, emphasizes the urgency for legal reforms.
The legal fraternity should advocate for clear guidelines, event-specific rules, and mechanisms that allow creators to seek justice when their creative work is unfairly targeted. A dedicated Social Media Policy to regulate social media by creating accountability of social media platforms is the need of the hour.
By incorporating platform specific laws, large number of creators can be beneficiary of such laws and moreover by the backing of laws, the rights of the content creators can be protected. Not just the rights of the creators the legislations will also counter concerns like piracy, pornography, which are rapidly growing in the internet world.
Moreover the internet world is evolving rapidly, with the introduction of AI, the entire ecosystem has been impacted. New concerns like deepfake have arisen in the internet world.
Such concerns are bound to arise as the technology progresses and the user base of internet increases. In order to make the e-world more regulated and decrease the number of disputes and injustices, legislations are much awaited.
Thank you for taking the time to read this! Please share this article if you enjoyed it. Also, you can follow us on Instagram, Facebook, LinkedIn, and Pinterest to get more interesting articles.
Authored by Roshan K Behera, a 1st year Law Student at National Law University Odisha.