Abstract:
Social media has transformed the creation, distribution and consumption of film content, while simultaneously creating challenges for copyright protection. Unauthorized reproduction, and modification of film content are facilitated by digitaltechnologies that enable effortless sharing and monetisation, often without the consent of the copyrightholder. This not only undermines the economic interest of the copyrightholder but also raises concerns about the legitimacy of the user generated content that may incorporate copyright work. The research analyses the legal frameworks and regulations (The Copyright Act 1957, The Information Technology Act, 2000 and The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021)governing copyright infringement and monetisation of film content on social media in India. It provides insight on the unauthorized use and modification of film content on social media that constitute as copyright infringement. The research examines the impact of social media monetisation on film copyright owners and content creator and it also provides acomparative analysis of the legal frameworks and regulation governing film content in United Sates, United Kingdom and China. The research argues that effective legal framework along with robust platform enforcement mechanism are important to protect the insight and interest of the film copyright holder.
Keywords:
Social media, Film content, Unauthorized, Reproduction, Modification, Dissemination, Copyright Act, Information Technology Act, Intermediary Guidelines and Digital Media Ethics Code Rules,Monetisation, United Sates, United Kingdom, China.
Introduction
The development of digital technology has fundamentally altered the film industries landscape posing extraordinary opportunities and forbidden challenges for copyright holder and artists. Social media have transformed the creation, distribution and consumption of film content that enable its users to share videos, music’s, audios, film clips and other works with people across the world for the purpose of entertainment communication and participation[1]. At the same time this increases the possibility of the copyright worldto be copied, distributed andmodified without proper authorization of copyright holder[2].
Social media platforms like YouTube, Instagram, Facebook and X (Twitter) facilitates to connect with the per group and the public at large[3]. It also enables communication and sharing of photos, videos, memes etc. According to Global Digital Report states that there were approximately 5.24 billion active social media users worldwide at the beginning of2025, representing 63.9% of the global population[4]. Social media has also developed as an important source of income through advertisement, subscription, sponsorship, paid promotion and other forms of monetisation[5]. This has created opportunity to content createsandalso bringsalong with it a multitude of copyright complication.
Copyright isan exclusive and legal right granted to the creator of theoriginalliteracy, dramatic, music or artistic work[6]. Copyright of film content occurs when a person without proper authorisation of the copyright owner, exercises the exclusive right protected under the Copyright Act 1957. The issue becomes more compound when infringing content generates monetary benefits. The unauthorize use of the copyright work does not result merely in infringement of theexclusive right of the copyright holder but also in the division of economic benefit that may otherwise accrue to the right holder.
The use of user generated content has further complicated the enforcement of copyright. Social media operate in large scale with enormous volume of content uploads continuously and reaching wide audience in an instant[7]. Platforms have developedmechanism and regulations such as automated content identification and right manger to protect copyright work[8]. However, these mechanisms also raise concerns regarding fair dealing, over removal of lawful content and transformative use.
In India, the Copyright Act of 1957 is the principal legislation governing copyright in India, copyright is the right to perform acts of economic rights with respect to the work or to permit someone else to perform such acts[9].Thus, the Copyright Act 1957, along with the Information Technology Act, 2000 and Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 provide protection to cinematography, music, recording and artistic work. This right is even applicable to the digital space[10]. Despite this protectionthere still exist unauthorized uploading, sharing and modification film content on social media that constitutes copyright infringement which interferes with the exclusive rights of the copyright holder.
[1]Unnati Khanolkar, Copyright Infringement Cases in Digital Music Platforms: A Comparative Analysis of Indian and Foreign Artists in the Light of Entertainment Law and Intellectual Property Rights (Feb. 27, 2025), SSRN, https://doi.org/10.2139/ssrn.5347873
[2]An Analysis of the Fundamental Tensions Between Copyright and Social Media: The Legal Implications of Sharing Images on Instagram, Bournemouth University ePrints, https://eprints.bournemouth.ac.uk/31056/1/Social%20media%20and%20copyright.pdf
[3]Prachi Tyagi, Social Media and Copyright: An Indian Perspective, 28 J. Intell. Prop. Rts. 402 (2023).
[4]Simon Kemp, Digital 2025: Global Overview Report, DataReportal (Feb. 2025), https://datareportal.com/reports/digital-2025-global-overview-report
[5]K. V. Nithyananda, Business Models for Entrepreneurs: Commercializing, Leveraging, and Monetizing Intellectual Property Rights in India and ASEAN Countries, in Entrepreneurship in Technology for ASEAN 15, 15–32 (2017).
[6]Caterina Sganga, Copyright, in Research Handbook on Intellectual Property and Technology 83 (2022).
[7]Meghna Bal, Audio-Visual Piracy on Telegram: A Perspective on Monetization Models, Pirate Strategies and Industrial Pathways, 31 Contemp. S. Asia 311 (2023).
[8]Dhananjaya C., Challenges and Solutions for Copyright Infringement in the Digital Age, 3 LawFoyer Int’l J. Doctrinal Legal Rsch. 1670 (2025).
[9]Tyagi, supra note 3.
[10]Bhanupratap Sahoo & Revati Sakalkar, Judicial Approaches to Music Copyright Infringement in India: A Case Study-Based Analysis, 44 Library Progress Int’l 9489 (2024).