Author: Ahana Banerjee, St Xaviers University, Kolkata
To the point
With over 4.9 billion active users worldwide as of 2024, social media has become a central hub for content creation, marketing, and personal expression. Platforms like Instagram, YouTube, TikTok, and X (formerly Twitter) have democratized content sharing, allowing everyday users to reach massive audiences. However, this freedom has also blurred the lines of ownership and legality, especially regarding Intellectual Property Rights (IPR).Every day, thousands of images, videos, music clips, brand logos, and written content are uploaded—many of which are reused, remixed, or reposted without proper attribution or authorization. This raises serious legal concerns about copyright infringement, trademark misuse, and the violation of moral rights under laws such as the Copyright Act, 1957 and Trade Marks Act, 1999 in India.A study by the World Intellectual Property Organization (WIPO) emphasized the increasing complexity of regulating content in a digital-first era where “retweets, memes, and viral challenges” frequently incorporate copyrighted works. Social media platforms themselves have adopted automated takedown mechanisms and notice-and-action systems, yet grey areas remain — especially in defining fair use and in cases involving user-generated content (UGC).This article dives into these evolving legal challenges, examining how IPR is interpreted and enforced across social platforms, what legal remedies are available to creators, and how courts in India and abroad are handling this dynamic intersection between law and digital culture.
Use of legal jargon
To understand the legal complexities of social media, it’s crucial to unpack the key legal concepts — or jargon — that form the backbone of Intellectual Property Rights (IPR) in this space. At the heart of most disputes on platforms like Instagram, YouTube, or TikTok is copyright infringement. According to the Copyright Act, 1957, copyright protects original literary, musical, and artistic works. So when someone posts a video using a Bollywood song without permission, or shares a meme that repurposes a copyrighted cartoon or photograph, they may be violating the exclusive rights of the creator — even if it’s just “for fun.” Similarly, trademark law, under the Trade Marks Act, 1999, protects distinctive brand names, logos, and slogans. On social media, this becomes particularly relevant in influencer marketing, where brand names are often used — sometimes without formal contracts or permissions. If someone uses a brand’s logo to sell knockoff products via Instagram DMs, that’s a textbook case of trademark infringement. Another key term is “fair dealing”, India’s version of “fair use.” It allows limited use of copyrighted work for purposes like criticism, review, or education. But here’s the catch: reposting a copyrighted video clip with a few emojis or hashtags doesn’t automatically qualify. The intent, the extent of use, and whether it affects the original creator’s revenue or reputation are all considered.There’s also the often-overlooked concept of moral rights, which exist independently of copyright ownership. Under Section 57 of the Copyright Act, an author has the right to claim authorship and to protect the work from distortion or mutilation. So if someone heavily edits an artist’s work and reposts it on Pinterest or Tumblr without credit, it’s not just disrespectful — it may be legally questionable. Finally, in the digital realm, intermediary liability is a hot topic. Platforms like Facebook or YouTube are considered intermediaries, and under Section 79 of the Information Technology Act, 2000, they are not liable for user content — unless they fail to act on a valid takedown notice. This has created a race between content creators and platforms over who acts first and who is legally responsible. These legal terms aren’t just textbook concepts — they come alive every time a trending reel uses someone else’s song, or a fashion influencer tags a fake designer brand. Understanding this jargon is key to navigating the modern legal battles over likes, shares, and ownership.
Abstract
Social media explodes into a global content highway which includes sharing of videos, images, music, and brand messages at lighting speed. Along with this also comes some complexities surrounding the rights of the creators. Thus legal complexities arises too. In today’s digital age, social media is not just a place to scroll and share—it’s where creativity lives, thrives, and unfortunately often gets stolen. Whether it’s a viral dance on TikTok using someone else’s music, an Instagram post reusing an artwork without credit, or a fake brand page mimicking a famous label—Intellectual Property Rights (IPR) are under pressure like never before.in The legal tools to fight such discripensies we have—copyrights, trademarks, moral rights which were built for a different time. Now, with millions of users posting content every second, our current laws are struggling to keep up. From creators who unknowingly break copyright rules to influencers misusing brand logos, the gaps in awareness and enforcement are growing wider. This shows how social media is challenging traditional IPR frameworks in India and globally. It brings together real-world examples, legal concepts, and policy suggestions to explore where the law stands today—and where it needs to go. In a world where one repost can reach millions, protecting original work has never been more important or more difficult.
The proof
Current intellectual property statutes, such as the copyright Act of 1976 in the United States and the Berne Convention for the Protection of Literary and Artistic Works, provide a framework primarily focused on human authorship. The fundamental premise of these laws is that copyright protection is awarded to “authors” of original works with the thing being original the key aspect. A growing number of bad actors co-opt brand identities online. They grab brand-like usernames or create fake influencer profiles to mislead consumers—a modern form of cybersquatting. Think fake luxury-brand pages that mimic real accounts—leading audiences astray. Under moral rights and threats there can be Creators on social media aren’t just fighting copyright loss—they’re losing recognition and dignity, too. As seen in Amar Nath Sehgal v. Union of India (Delhi High Court, 2005), artists have the right to protect their reputation and work integrity . On social platforms, when art is reposted without credit—or filtered and altered—it erodes that moral protection. In intermediary liabilities Digital platforms rely on fast legal processes to stay clean. Under India’s IT Rules 2021 (and globally, the DMCA), platforms gain safe harbour only if they promptly remove infringing content upon notice. But the ResearchGate analysis underscores a gap: legal systems are often too slow to keep pace with viral trends. IP violations online are inherently global—someone in Mumbai might repost something owned by a creator in London. Chasing infringement across borders is complex, lengthy, and jurisdictionally challenging.
Case Laws
Christian Louboutin SAS v. Nakul Bajaj & Ors. (2018)
Christian Louboutin, the luxury French shoe brand famous for its iconic red soles, sued a website called www.darveys.com. The site was selling luxury goods, including Louboutin shoes, often at discounts. Louboutin claimed the site was misusing its trademark, giving the impression that the products were officially authorized—even though they weren’t.The Delhi High Court held that e-commerce platforms can’t just act as passive sellers. If they allow counterfeit or unauthorized branded products to be sold, or present themselves as official sellers, they can be held liable for trademark infringement. The court laid down that platforms must disclose sellers clearly and verify the authenticity of goods.This case makes it clear that platforms—and even influencers—who promote or sell fake branded goods on Instagram, Facebook, or WhatsApp can be held legally responsible. It also puts the onus on sellers to avoid “passing off” as official brands. So, if someone casually sells knockoff sneakers using a famous logo on their Insta shop, it’s not just unethical—it could be illegal.
Marico Limited v Abhijeet Bhansail(2019)
Marico, the maker of the well-known Parachute coconut oil, filed a lawsuit against YouTuber Abhijeet Bhansali. In his video review, Bhansali claimed that Parachute oil was of poor quality, unfit for consumption, and chemically processed. Marico argued that his remarks were misleading, unscientific, and harmful to their brand’s reputation—amounting to trademark defamation and disparagement.The Bombay High Court initially issued an interim injunction asking Bhansali to take down the video. The court recognized that while freedom of speech allows product reviews and criticism, it must be fact-based and not misleading. The court stressed that influencers and content creators cannot publish false or exaggerated claims, especially if those claims affect a brand’s trademark or market reputation.This case is important because it sets a precedent for how far online reviews and influencer content can go. It reminds content creators that even on YouTube, Instagram, or blogs, they must back up their criticism with facts. If not, they risk violating trademark laws and facing legal action for defamation or product disparagement.
People Interactive(India)Pvt. Ltd v Vivek Pahwa & ors(2016)
People Interactive, the company behind the popular matrimonial website Shaadi.com, filed a case against SecondShaadi.com, run by Vivek Pahwa. The issue was the use of the word “Shaadi”, which means “marriage” in Hindi. People Interactive argued that the use of this common word in another website’s name created confusion and took unfair advantage of their established brand.The Delhi High Court ruled in favour of People Interactive, saying that even though “shaadi” is a generic term, Shaadi.com had gained a distinct identity and goodwill over time. The court held that using a similar name in the same industry (online matchmaking) could confuse users and harm the original brand. It ordered the rival platform to make clear distinctions in branding and presentation.This case shows that even common words can become legally protected trademarks if they are strongly associated with a brand. On social media, this means businesses and influencers cannot freely use brand-like names or similar-sounding handles if it creates confusion or mimics an existing trademark. Platforms like Instagram, YouTube, and Facebook must also be cautious about usernames or brand pages that might mislead users.
Conclusion
In a world where one click can make a video go viral and a single post can reach millions, protecting intellectual property on social media has become more urgent—and more complicated—than ever before. While platforms like Instagram, YouTube, and TikTok have revolutionized creativity and self-expression, they’ve also opened the floodgates to content misuse, brand imitation, and copyright violations.From creators whose artworks are reposted without credit, to influencers who unknowingly misuse brand names, and even businesses that suffer due to fake profiles or misleading promotions—IPR in the digital space is being tested every day. The legal system is catching up, as seen in landmark cases like Marico v. Bhansali, Christian Louboutin v. Nakul Bajaj, and People Interactive v. Vivek Pahwa. These cases don’t just reflect legal battles; they tell real stories of brands and individuals trying to safeguard their identity in a chaotic, ever-scrolling world. At the same time, the message is clear: freedom of speech and creativity online must go hand-in-hand with responsibility and respect for ownership. Whether you’re a brand, an artist, an influencer, or just someone who loves sharing memes—understanding intellectual property rights isn’t optional anymore. It’s essential.If the law adapts swiftly, and if users become more aware, we can build a digital environment where creativity thrives and original creators are truly protected. After all, the internet should be a stage—not a battlefield—for ideas.
FAQS
Can I use someone else’s photo, video, or music on my social media if I give credit?
Giving credit is respectful and seem to make it legal but its not. Copyright laws still require you to get permission from the owner or original creator unless your use falls under “fair dealing”(like for news, education or criticism). Just by tagging the creator dosent protect you from legal claims . Under copyright law, the original creator has exclusive rights to how their work is used, shared, or altered. Even if you don’t make money from the post, using copyrighted material without the creator’s consent can still be considered infringement. Platforms like Instagram or YouTube may not catch it immediately, but the creator has every right to report it or take legal action if they choose to.
What happens if I accidentally use a trademarked logo or brand name in a post or reel?
If it’s accidental and not for commercial gain, you might get away with a warning or a takedown. But if you use a brand’s name or logo in a misleading or promotional way—especially to sell something—you could face a trademark infringement claim. If the brand believes your post creates confusion—like making it seem you’re affiliated with them or promoting their product without permission—they can take legal action or request the platform to take down your content. This is especially serious if you’re selling something, like in influencer promotions or small business ads, where the use of a trademark may mislead your audience. When promoting a product, always clarify whether it’s a paid partnership, personal opinion, or independent review.Being mindful not only protects you legally, but also builds trust and credibility with your followers.
Are memes and remix videos considered copyright infringement?
It depends. Many memes fall into a grey area. If you’re heavily transforming the content and using it for humor or commentary, it may qualify as fair dealing. But if you’re just reposting copyrighted material with minor edits, it could still be infringement. Memes and remix videos are everywhere on social media. Most of them reuse images, movie clips, audio, or scenes from copyrighted works. But just because they’re funny, widely shared, or seem harmless doesn’t mean they’re automatically legal. In many cases, these materials are protected under copyright law, and repurposing them—even for entertainment—can still count as infringement.
I’m an influencer—how can I avoid violating IPR laws on social media?
As an influencer, it’s easy to get caught up in trends, but it’s just as easy to unknowingly cross legal lines when it comes to Intellectual Property Rights. To stay safe, always use royalty-free or licensed music, images, and videos—grabbing content from Google or another creator without permission is a no-go. Be cautious when mentioning or displaying brand logos, especially in product promotions or giveaways, as misuse can lead to trademark infringement claims. Transparency is key: if a post is sponsored, gifted, or paid, say it upfront to maintain both legal compliance and follower trust. Most importantly, aim to create original content—it’s not only legally safer but helps you build a genuine, standout presence online. Remember, the more your content grows, the more eyes (and scrutiny) it attracts, so respecting IP laws from the start will only strengthen your credibility in the long run.
If I find my content used without permission, what can I do?
You can file a takedown request on the platform (like Instagram or YouTube), and if that doesn’t work, consider sending a legal notice or consulting a lawyer. Protecting your work starts with knowing your rights and asserting them. Finding your content reposted without credit or permission can be frustrating—but the good news is, you do have rights. The first step is to take a screenshot or save evidence of the unauthorized use, including links, usernames, and timestamps. Next, most major platforms like Instagram, YouTube, and Facebook offer copyright infringement reporting tools or DMCA takedown forms—these are quick, effective ways to get your content removed if you’re the rightful owner. If the post isn’t taken down or the issue continues, you can send a legal notice or consult a lawyer to help enforce your rights more formally. It’s also a good idea to watermark your original work or post it with a clear copyright statement to deter casual misuse. While it’s tempting to just “let it go,” standing up for your content not only protects your work—it sends a message that creators deserve respect in the digital space.
