It has transformed this space
from a video-sharer to one which defines many careers. Adding to the
ever-growing digital world, YouTube has millions of content-creating artists
all over who can narrate passions, garner audiences, and also generate revenue.
The Indian base, in terms of entertainment, education, vlogging, and tutorials,
has turned YouTube into a house of creativity. But even as interesting as the
travel of YouTubers is, that is not without its fair share of challenges-many
of which are indeed in the legal sense.
With such dramatic growth of
commercial and creative platforms that YouTube is, with it are many legal
issues that content providers should really be aware of. And though copyright
issues are on top of this, there are risks in the legal landscape of YouTube
which may lead to lawsuit, demonetization, and reputational damage if things
are not very carefully navigated. Such legal pitfalls are not confined to the
international creators; Indian YouTubers too have walked into hot waters
unknowingly breaching legal provisions. Irrespective of whether it is a new
player or an old-hand, knowing what action you would be doing for the created
content has very important legal ramifications.
However, here is the thing-most
YouTubers with big talents in their hearts forget that content creation comes
along with a lot of law. For instance, many copyright-infringing cases have
occurred as creators were simply unaware of the rules and failed to report
sponsorships or violated privacy laws. Such mistakes can lead to real-world
consequences-for example, YouTube strikes and video takedown to serious legal
action, such as lawsuits and hefty fines. A minor error can turn out costing
hundreds of thousands in lawyer fees and months lost in productivity, crippling
the opportunities for growth and success for a YouTube channel.
It's a bit too complicated for
Indian content creators as YouTubers would then have to do business under the
veil of local and international laws, fighting copyright infringement,
defamation, and privacy on a daily basis. However some of the regulatory issues
such as the Information Technology Act, and rules issued under the Ministry of
Electronics and Information Technology, are specifically Indian. In the light
of YouTube's clear dominance in digital media, knowledge and adherence to such
legal standards becomes all the more important.
This blog explains a few
of the most common legal pitfalls that every YouTuber should never make. We use
some real-life cases from India as a base, explaining how to protect your
channel while simultaneously coming up with innovated content that is
law-compliant. Every YouTuber needs to know about copyright infringement,
trademark abuse, defamation, and sponsorship transparency. Read on in this blog
to avoid going against the law and pursue passion in becoming a content
creator.
Whether they are vlogs,
educational content, or sponsored, you will gain a full understanding of the
legal risks that accompany being a YouTuber in India and beyond. Once you
understand the risks, you would be empowered to take action to avoid them so
that you can focus on what matters-mostly, creating awesome content, engaging
your audience, and taking your brand to new heights.
Here are some of the most
critical legal pitfalls every YouTuber should avoid:
Copyright Infringement
Perhaps copyright infringement is
one of the most common legal issues YouTubers face. You might have such a
brilliant video idea that you would use a popular song, clip of a movie, or
even somebody else's YouTube content without owning its rights or getting
permission. Then you may face copyright strikes, demonetization, or even
lawsuits.
The Case of Copyright Infringement: Tanmay Bhat and Music Rights
Copyright infringement, most
notably concerning music, is the most common legal matter Indian YouTubers
face. Perhaps one of the most publicized cases for Indians is that of
comedian-turned-YouTuber Tanmay Bhat, who, put up a video that
included copyrighted tracks without permission of any form whatsoever. The
YouTuber was subsequently given a copyright strike and his video demonetized.
India does have proper Copyright
Act. For instance, copyright holders got the right to control when and how
their work should be utilized; otherwise, songs, films clips, or even other
YouTubers' content- all without permission may lead to strikes, demonetization,
or a lawsuit.
How to Avoid
- Music should either be royalty-free or explicitly permitted by the copyright holders.
- Be aware of the Content ID system of YouTube, which identifies copyrighted material being uploaded into videos.
- Adhere to the principles of fair use, although this is a complex and sometimes vague body of law and invoking them does not necessarily mean you will avoid dire consequences.
Misapplication of the Fair Use Doctrine
Many YouTube producers feel that
they may use any content as long as they simply assert that their use falls
under the doctrine of Fair Use for purposes of commentary, criticism, or
education. But, by no means is Fair Use a free pass and will actually require
very specific conditions, such as transformative use, and even then, it's
subject to court interpretation.
How to Avoid
- Make sure that your use of copyrighted material transforms the original work so as to add new meaning, expression, or value.
- Ideally, the re-used content needs to be kept low.
- Credit always but remembrance that it is not a substitute for permission from the owner.
Libel and Defamation
One may, however, break the
defamation laws through false or malicious statements to particular people,
products, or businesses within their videos. Libel is one form of defamation
whereby a YouTuber puts out false information affecting someone else's
reputation and thus maybe leading to a lawsuit.
Example: Cariminati v. Amir Siddiqui
In India's most popular YouTuber,
CarryMinati, posted a viral roast video of TikTok star Amir Siddiqui during a
YouTube vs. TikTok tantrum. Though it picked up pace within hours, YouTube
picked it down due to violating community guidelines. Many people felt that the
video had borders of defamation since CarryMinati attacked Siddiqui personally
and raised questions on its legality.
Indian defamation laws are pretty
stringent under the Bharatiya Nyaya Sanhita (BNS), so the designers will have to
be watchful when they utter or make personal remarks about someone. Libel or
slander would bring civil or criminal cases and ruin your reputation and
finances.
Don't do this
- Be the truth and not relay unfounded rumours of individuals, organizations, or businesses.
- State your opinion. Clearly mention that it is only your view but not the truth.
- Hence, never post something that might harm someone's reputation.
Failure to Declare Sponsored Content
Most YouTubers would garner
earnings from sponsored content, but they also would face legal implications
from not disclosing sponsorship. YouTube is pretty strict about paid
endorsements. Rules on adverts never have any tolerance for failure to indicate
whether it is an advertisement or carries affiliate links.
Failure to Disclose Sponsored Content: The ASCI Guidelines for Tech YouTubers
Many Indians YouTubers in the
tech area are asked regarding their paid promotions without disclosure. For
example, tech channels promoted mobiles/gadgets for which they did not make any
kind of nondisclosure of sponsorship which may cheat the viewer.
The Advertising Standards Council of India is the governing body that oversees influencers in India. For
instance, "clear disclosures" about paid sponsorships or sponsored
video content, affiliate links, free product reviews among others, are to be
made appropriately. Failure to observe this regulation will earn them a penalty
or even litigation under the Consumer Protection Act, 2019.
How to Avoid
- Be sure to include a clear declaration that your video-verbal or description is sponsored right at the top.
- Maintain transparency with your audience; always disclose paid promotion according to YouTube's policies and guidelines.
- Take note that the Federal Trade Commission rules also govern the advertising disclosures.
- Follow ASCI guidelines to avoid misleading your audience.
Privacy Violation
Filming a person without
permission, especially in private, will attract a lawsuit. Under privacy laws,
one cannot share the likeness, voice, or personal information of a person
without him or her giving permission.
The Flying Beast Drone Incident: Privacy Breach
So sensitive are the YouTubers
toward the privacy laws and recording in public or private areas without their
permission. India's most famous vlogger Gaurav Taneja, familiar with
his alias Flying Beast, faced severe criticism for using a drone to film
restricted zones in the lockdown phase of the COVID-19 pandemic. This man's
drone was confiscated, and the man had to step out in public because filming
without permission often breaches privacy and civil aviation law sometimes.
India's Information Technology
Act, 2000 and privacy regulations under Article 21 of the Constitution also
protect the right to privacy. Lawsuits or fines can be in store for filming
people or private property without consent.
How to Avoid
- Actively obtain direct consent from people entering your lens's field.
- Never record in private places without permission.
- Another thing is private affairs disclosure which would go against someone's right to privacy.
- Drones are a dangerous use that should be undertaken with careful discretion; one is within the guidelines specified by DGCA while operating in restricted areas.
Violation of YouTube Terms of Service
Everyone, who opened a YouTube
account, in fact subscribes to the website's Terms of Use. Many, however,
forget its importance, because violating them can lead to channel strikes,
demonetization, or permanent account suspension. The community, in general, may
exceed the restrictions on using certain content, adhere to community
standards, and use monetization features prudently, following YouTube
guidelines.
Violation of YouTube's Terms of Service: The AIB Roast Incident
The AIB Roast controversy of 2015
is a perfect illustration of how ignoring YouTube's content policies may lead
to legal issues. In this roast, the popular celebrities of Bollywood were the
targets, and allegations were made that the whole exercise was vulgar and
derogatory. Mumbai Police received complaints stating that AIB indulged in
obscenity.
Although the roast was uploaded
to YouTube, it eventually had to be withdrawn because of such bad publicity.
This therefore shows that one must obey not only YouTube's rules but also the
local law on matters of obscenity and public decency.
COPPA Violations: YouTube Faces around $170 Million Fine
The actual meaning for COPPA is
the Children's Online Privacy Protection Act, protecting children less than 13 (thirteen)
years of age from their private lives online. The US Federal Trade Commission fined YouTube around $170 million under the COPPA for collecting personal data
on children without parental consent. However, though the monetary amount is
righteously given to YouTube, its incident made the content creation guidelines
for the content creators in YouTube become stringent.
Conclusion The new rule will
ensure that YouTubers put restrictions on content developed for children, and
if they fail to do so, they would receive a penalty. They should show whether
their videos reach children or not. Then, they should not gather personal data
nor use targeted advertisements.
Avoid the Following
- I will review YouTube's Terms of Service and Community Guidelines for proper awareness of policy changes.
- Never do hate speech, violence, or adult content as it violates community standards and violates the law in your country.
- It follows the policy of YouTube on monetization, especially those pertaining to children's content-COPPA compliant.
Improper Use of Trademarks
For example, referencing someone
else's registered trademarked logo, brand name, or slogan with permission
attached to your video or thumbnail may incur litigation action. Trademark law
can also protect a company from those utilizing their intellectual property
without permission, and YouTubers are really cautious about what brands or
products they're using.
Cases on Trademark Infringement: Video Bloggers Using Well-Known Brand Names
In India, using a trademarked
brand name, logo, or slogan is likely to be considered infringement. Few Indian
YouTubers have even been served a legal warning for using brand logos in their
thumbnail or mentioning brand names in such a way as if they were being
supported or associated with the brands without permission.
The Trademarks Act safeguards Indian
brands from the freedom with which others use their intellectual property
without permission. Sometimes the YouTube reviewer ends up unknowingly
breaching those rights by using brand names or logos when reviewing products.
How to Prevent
- Not to use trademarked logos or symbols without permission.
- If your content includes discussions about brands or products ensure that your use doesn't suggest an endorsement and isn't misleading.
- You can speak about those brands, but absolutely mark that the content is not official from the respective brand.
Loss of Ownership over Your Content
Respect other creators'
copyrights and intellectual property. That means you take measures for your own
work as a content creator. Without proper legal protection, there is a good
chance that your videos might be stolen or used with little consequences.
How to Avoid
- It is registered under the copyright laws to have a strong legal standing in case these documents are stolen or used illegally.
- Monitor and retrieve all pirated videos within the YouTube website using YouTube Copyright Match Tool.
- If a user uses content without permission, YouTube legal mechanisms can help issue takedown notices or claim rights.
Poor Legal Deals with Partners
Actually, most YouTubers
collaborate with other users. Unless they have an agreement, there will be
conflicts on revenue sharing, ownership rights on the content and even their
credits. Settling a legal issue is much more difficult when there is a
disagreement without a written agreement.
How to Prevent
- Draft contracts that detail every party's responsibilities, share of revenue splits, and rights over their intellectual property.
- Have an attorney review your co-authorship agreements to ensure they are valid and complete.
Violation of Cinematograph Act: The Vlogger's Hidden Use of Movie Clip Pieces
Quite often, Indian movie clips
and songs find their space on YouTube contents. The use may be covered under
copyright infringement as well as the Cinematograph Act. For example, several
YouTubers in India recently received takedown notices from production houses
who owned copyrights in various clips that formed parts of Bollywood movies.
Under the Indian copyright act,
that movie and music was the exclusive rights of every producer. Without proper
license using that might lead to a copyright strike and legal notices.
How to Avoid
- No movie clips, songs, or dialogue will be used without a license or with the owner's written permission.
- Use your own footage instead of using copyright film footage. Alternatively, use free and royalty-free media.
Conclusion
Creating a successful YouTube
channel is much more about having the right ideas than to the law; therefore,
it requires lawful knowledge. Being proactive about such legal pitfalls means
that YouTubers would not even fear lawsuits, strikes, or many other legal
consequences while working on building their channels. Therefore, taking some
time to understand the legally correct side of content creation is a great step
to protect your channel and your long-term success.
