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With creators calling out brands for copying or using their content without permission, here is a clear look at how creators can protect their intellectual property and reclaim control.
Content creation is no longer a side hustle people hesitate to admit to. It has become a legitimate and highly sought-after career path, especially for young professionals who see the internet as both a stage and a marketplace. But as more people enter the space, not everyone begins with the same awareness of how the industry works. For many new creators, the excitement of landing a brand association can sometimes overshadow the need to understand usage rights and long-term implications. A concern that has recently gained attention is brands using creator videos for advertisements and paid promotions without clear consent or adequate payment.
Remix culture and inspiration have always existed online, and many creators accept that ideas will be adapted and reinterpreted by others. The problem comes when the content is no longer just inspiration but the exact execution, placed behind a brand’s media spend and turned into sponsored communication. In recent months, several creators have come forward with allegations of brands using their content without permission, bringing attention to questions of ownership and fair compensation in the digital space.
A few months ago, Harshita Dave shared that a brand had allegedly taken a video from her Instagram feed and used it across its own Instagram page, Amazon listing and official website for over three months without her consent. She said that after she reached out to the brand, the content was deleted. However, she argued that removing the posts did not undo the fact that the video had already been commercially used for months. In her view, she should have been adequately compensated for that period of usage.
Ayesha Sanghi also posted about a similar experience, calling out a brand for allegedly stealing content from creators on multiple occasions and running advertisements using those videos without prior approval. Her post suggested that this was not a one-off incident but part of a recurring pattern.
In another case, Simran Gulati shared that a brand film conceptualised and produced by her team, which involved time, money and creative effort, was copied frame by frame by a much larger page. She described the situation as disheartening, especially given the scale of investment that went into the original project.
These examples are only a few among many being discussed online. As more creators build businesses around their content, disputes over ownership and unauthorised usage are becoming harder to brush aside.
So how can creators protect their intellectual property when their work is reused without permission, and what steps should they take to safeguard themselves in such situations?
In an earlier conversation with us, Riya Rajkumar Sharma, Counsel at AM Sports Law and Management Co., addressed this growing confusion around ownership in the digital age. She began with the basics. “Copyright infringement occurs when someone uses another person’s original content, such as a video, photo, article, or music, without permission and in a manner not permitted by law,” she said. That definition may sound straightforward, but in practice, it often becomes complicated. Under Indian law, the original creator has exclusive control over their work. “Only the creator has the right to reproduce it, distribute it, communicate it to the public or adapt it.” If someone else does any of these without authorisation, it amounts to infringement unless it clearly falls within a statutory exception.
What complicates matters is the assumption that everything online is automatically free to use. The culture of reposting has normalised copying to the point where many creators do not pause to ask whether they actually have the right to use a clip, a piece of music or a news segment. This is where the idea of fair dealing enters the conversation. “India does not follow the broad American concept of fair use. We follow fair dealing under Section 52 of the Copyright Act, which is narrower and purpose-specific.”
In simple terms, the law allows limited use of copyrighted material for purposes such as criticism, review or reporting current events. But, as she pointed out, this exception is not a shortcut. “Adding a short introduction, a few lines of commentary or a caption does not automatically make the use legal. The use must be proportionate, genuinely transformative and must not act as a substitute for the original.”
Beyond the law itself, there is also the reality of platforms. YouTube, Instagram and other global platforms operate under their own enforcement mechanisms, often influenced by international copyright standards. Automated systems can flag and remove content quickly. “Even if a creator believes their use qualifies as fair dealing under Indian law, platform policies may still lead to takedowns.”
For creators who receive legal notices or takedown claims, her advice is measured. “Do not ignore it and do not panic. Review your content carefully. Identify what is being claimed. Assess whether you had permission or whether your use can genuinely fall under a statutory exception.” She also emphasised the importance of seeking legal advice early, rather than relying on assumptions or online hearsay.
Beyond individual disputes, Riya believes there is a wider awareness gap. “Many smaller or regional creators are unaware of what qualifies as original work, when a licence is required, or how limited fair dealing actually is in practice.” This lack of clarity often leads to unintentional violations or vulnerability to legal threats. The digital space rewards immediacy. But as she put it during our conversation, “Being culturally responsive should not come at the cost of being legally careless.”
For creators trying to stay relevant, the safest strategy is also the most sustainable one: build from original footage, add meaningful commentary, limit reliance on third-party material and understand the boundaries.
To read Riya Rajkumar Sharma’s detailed insights on the subject, you can refer to the July edition of Social Ketchup magazine.
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