Blog 25

How to Avoid Copyright Infringement in Your Content?

Thursday, October 27, 2022

Creativity is ever satisfactory for those who practice it. Whether you are an artist who likes to draw or sketch, a writer who loves to pen down your thoughts, or even someone who makes videos for fun; chances are that one of your hobbies involves some form of creativity. This is why so many people choose to make art their hobby or passion in life. There is something about seeing your ideas come to life that brings you joy. In today’s time of the internet and media, your art can be easily turned into digital content.

If you’re an independent content creator and you aren’t signed to a major label, chances are you want to monetize your videos. After all, why spend hours writing, recording, editing, and uploading if you don’t get anything out of it? Unfortunately, when it comes to the world of copyright content infringement, things can get a little tricky. The reason is, there are plenty of people out there who might be copying people’s work and using them for their own benefit. 

How does this happen? 

Well, if you do not know how to avoid content infringement then the chances are high that you might end up infringing on someone else’s rights. Copyright infringement isn’t as simple as not getting caught. There are several rules and regulations that independent content creators must know before uploading content online. 

To help you understand all the necessities and to answer how to stop content piracy, we will go through some of the most important things about content infringement so that you steer clear of it and monetize your work instead. To stay away from getting sued by another creator due to copyright infringement and get a comprehensive understanding of the eligibility for copyright protection, you must continue reading to find out more! 

What is Copyright Content Infringement?

Infringement means any action that breaks the terms of a rule or a law. Having a copyright signifies that the right to copy belongs solely to the creator or the author of the copyrighted content. The content that is under copyright can only be copied with the permission of the original creator. If a person duplicates the original work by the creator or the author, it will be a case of copyright infringement under the Indian law of the Copyright Act of 1957. The provisions under the Copyright Act of 1957 protect the creator’s rights to their intellectual property. If an individual or an organization attempts to steal it, it violates the Copyright Act and is called Copyright Infringement. 

Copyright infringement is the act of using, distributing, or profiting from another person’s content without their permission. While the copyright infringement law varies from country to country, you always need to ask permission to use someone else’s content before uploading it to your channel. The person should give you a “yes” or “no,” but more often than not, you will hear nothing at all. Many times the content is still used without consent which is considered as stealing of intellectual property.

India saw a huge surge in infringement of the content at the time of the pandemic. Currently, it ranks 43 out of 55 countries in the International IP index, 2022, and this is when the IP score has improved by 13%. This position on the global IP rankings affects the work of creators in India. Not only is the Copyright Act in a dire need of amendment with the changing face of internet consumption, but the Department for Promotion of Industry and Internal Trade (DPIIT) must also consider decriminalizing a few provisions to smoothen the legal process and improve trading in the country. The last time the Copyright Act was amended was in the year 2012 with the goal of setting a framework based on equity and justice while protecting the rights of the original creators, innovators, and authors.

How to Determine if Your Content is Infringing

Creativity is the essence of humanity. Creating contributes not only to the economy of a society but also to the heritage, and culture. Neither can we ignore the cruciality of creativity nor can we disregard the importance of protecting it as one would protect physical property. Content infringement can occur not only by intent but also due to a lack of awareness. In order to make yourself aware of the fair use of any content, you can check and be mindful if your content is coming under infringement. Before uploading any content to your channel, ask yourself the following questions:

Is this content original?

You need to make sure that you have not copied another person’s content, word for word. If you did, then you might be infringing on their content. If the content is in the video or image form, you need to be aware of whether the same kind of image or video has been created by someone else or not. 

Are you profiting from this content?

If you are monetizing the content by putting the written piece, image, or video behind a paywall, or if you are selling merchandise, then you’re profiting from it. This is another sign that you might be infringing on another person’s content.

Is there anything in the content that differs from what you promised?

If you promised an original and unique song or a non-plagiarized article, and instead, you uploaded an acoustic cover of an existing song claiming it as your own, It will come under content infringement.

Fair Use Requirements Under the Copyright Act, 1957

Section 52 of the Indian Copyright Act mentions the exceptions to copyright violation and puts forward fair dealing in using someone else’s content. The primary objective of stating these exceptions is to promote learning and education. It depends on the intent, purpose, and character of the use of the content. One of the major exceptions is using content to inform, educate, or for journalistic content. It furthermore depends on the amount and substantiality of the portion taken and also on the effect of the use upon the potential market i.e., how will you affect the original content producer’s profits. You can also use the material for personal use including research and review. One exception that can be used in the film industry is using a sculpture or an artistic work permanently situated in a public place or a premise to which the public has access. The section also states that one can produce or publish a translation of an act of a legislature and of any rules or orders made thereunder in any Indian language. These and many more exceptions are stated in the section and are open to interpretation and discussion. 

Eligibility for Copyright Protection 

In order to qualify for copyright protection under the Copyright Act, you need to apply for copyright registration. However, primarily, you must understand the eligibility for copyright protection: 

  • Your work is original and is not a copy of another person’s content while you claim it as your own.
  • Your work has to be in a fixed format. This means that it has to exist in a tangible form. For example, you cannot copyright a song that exists only in your head. 
  • Your work has to be unique and creative. You cannot copyright facts or ideas.
  • Your work has to be your own and not a reproduction of the work of the government. 

How to Stop Content Piracy and How to Avoid Copyright Infringement?

Now that we have understood what copyright infringement is, how to prevent it, and who can claim it, it’s time to look at the actions that content creators can take to stop it. You must understand that these rules won’t apply to every single instance of copyright infringement. There are millions of content creators online, so it is impossible to regulate every piece of content. If you wish to understand how to stop content piracy, here are 3 rules you can follow: 

  • Making money from content piracy is not worth taking the risk of getting sued – In fact, the truth is that copyright infringement doesn’t pay off. It’s unlikely that the content producer will take notice of your channel and offer you a contract. 
  • Share the love instead of stealing – If you really love the content you are using for personal use, then you should give credit to the original content producer. Let them know that you love their content and let your audience know of the original creator too.
  • Report and get it taken down – If you find a piece of content that is infringing on your or anyone else’s content, report it to the content owner and the platform hosting it. This is the best way to stop content piracy.

Bytescare helps you in taking care of your content with its pre and post-piracy solutions that protect your content from online infringements. 

How To Avoid EdTech Content Infringement

Authors and publishers are the most vulnerable to copyright infringement, especially when the content is behind a paywall. There are times when publishers and EdTech organizations produce pirated copies with or without their knowledge. One of the best and simplest ways to avoid content piracy is by giving credit to the original artist. Publishers, in some cases, do not pay the real authors while they earn from their buyers as in the case of research papers and articles published in journals. If you don’t want to worry about copyright infringement in your content, you can use the content after taking permission. Furthermore, many content creators also take the help of anti-piracy solutions to combat the growing concerns regarding digital piracy. If you, as a content creator, wish to protect your work from piracy, you can take professional technical help from these brands. 

To Summarize 

If you are an aspiring creator looking to monetize your work, starting an online business as a content creator is an excellent way to make money from something that comes naturally to you. There are tons of different ways to monetize your creative skills, but if you want to avoid infringing on anyone else’s intellectual property rights and personal privacy, there are some things you should know before getting started. Knowing the ins and outs of digital copyright law can be tricky, but in today’s world there are plenty of easy-to-understand resources available at your fingertips – and by following the tips and being aware of the laws you can surely stay on the right side of it all. 

Copyright infringement is a serious problem among online content creators. It’s also a big issue in copyright law, and it’s important to understand its impact. Now that you know what copyright infringement is, how to prevent it, and who can claim it, it’s time to take action. Follow these rules to stop content piracy and start profiting off your content.