In the digital era, short videos and podcasts are a potent means of entertainment, learning, and self-expression. From an Instagram 30-second dance clip to a 10-minute podcast segment on Spotify, it has never been simpler or more democratic to create content.
These structures allow human beings to:
- Use popular music to enhance their content
- Add popular movie quotes for drama or comedy
- Paraphrase existing text in other forms
A single reel can turn a dance choreography into a viral sensation, a phrase into a meme, or get a song back to the top of the charts.
But here’s the question that is: Who owns that content?
- Is it legal to use another person’s song or voice clip without them giving you permission?
- Can you mash a number one best-selling sound bite into your introduction of a podcast just because everyone else does?
These are copyright concerns, and they carry legal consequences.
As more and more people are creating and uploading content to the internet, there are also increasing unauthorized uses of copyrighted music, movie clips, and sound. Most producers are unknowingly breaking copyright law by using other individuals’ sound.
This article helps to dissect the legal side of this issue in easy language. It will discuss:
- What the Indian Copyright Act, 1957 does in terms of using someone else’s work
- What is fair dealing (India’s equivalent of fair use)?
- How Instagram and Spotify try to steer clear of infringement
- Real-life examples where creators faced takedowns or legal threats
- And finally, what content creators can do to avoid getting into legal trouble
In essence, this blog makes a distinction between copyright infringement and creativity in the rapid-paced digital content age
Understanding Copyright in the Digital Age
Indian Copyright Act, 1957 is the primary legislation that protects the rights of thecreators of their original work, i.e., songs, music compositions, films, scripts, paintings, and other work of literature or art.
According to Section 14 of the Act, “The creator is given exclusive rights to reproduce, distribute, publicly perform, and adapt their work”. That is, no one has the right to legally use, reproduce, or modify that material without the creator’s permission. If someone does use a work under copyright without permission, it typically amounts to copyright infringement, unless use comes within a legally established exception. One such exception is referred to as “Fair dealing,” as defined under Section 52. Fair dealing permits limited use of a work under copyright without permission, but for limited purposes such as for private use, private study, criticism, review, reporting current events, or in legal or educational purposes. Beyond these limited exceptions, especially where the use is for public display or commercial use as is typically the case with podcasts and reels, unauthorized use is likely to be found to be infringement under Section 51. In simple words, the law is attempting to grant creators control over how their work is used and distributed, even in the digital era.
The Reels Explosion: Music, Memes, and Misuse
Instagram Reels, YouTube Shorts, and others thrive on remix culture. High-frequency content creators borrow snippets of popular tracks or film dialogue, but few of them check the licensure of the audio.
Example 1: Ed Sheeran’s “Shape of You
Indian influencers in 2023 used the global hit “Shape of You” in their Instagram reels for fitness and dance videos. Meta might have available licensing deals for some markets, but the song was generally added manually via editing software or overlays bypassing platform-approved apps. Dozens of such videos worldwide were reported by Ed Sheeran’s publishers for their takedown.
Example 2: “Oo Antava” from Pushpa (2021)
Following the viral song, thousands of dance performance clips for “Oo Antava” were created. Some employed screen-recorded videos or ripped audio from YouTube instead of Meta’s licensed audio. Production house Mythri Movie Makers sent DMCA notices during early 2022 for users using unofficial versions.
Example 3: “Kesariya” (Brahmastra)
Kesariya continued to be a leading wedding and travel reel sound in mid-2022. Although Instagram uploaded the original sound, most creators uploaded their edited versions (with pitch adjustment or beats added) manually, which was a copyright infringement of Sony Music India. Some such reels got removed or muted in late 2022 and 2023.
A Fixture in a Legal Quagmire
Podcasts often have:
- Intro/outro music
- Clips from the world of news, interviews, or songs
- Movie dialogues for commentary or humour
Podcasters often think short use is free. However, Indian law proves that this assumption is wrong.
Example 4: Crackdown on Spotify India Hundreds of Indian podcasts were removed from the Spotify platform late in 2023 for unauthorized usage of popular songs such as “Tum Hi Ho” (Aashiqui 2) and “Apna Bana Le” (Bhediya). These songs were often used as an intro or transition light-heartedly. Even 10 seconds for unauthorised use may be considered infringement since not de minimis exemption exists under Indian law.
Indian Law v. U.S. Fair Use: A Pivotal Contrast
Fair dealing provisions of India (Section 52) are much more restrictive compared with fair use doctrine in the U.S. (17 U.S.C. S. 107).
The Indian courts have settled this matter in cases like Civic Chandran v. Ammini Amma (1996):
- The use should be for the purposes of criticism, review, or reporting
- The use should not adversely affect the economic value of the original
- Use should be non-commercial in nature
Most of the podcasts and reels are monetized directly or indirectly, which itself disqualifies them from fair dealing protection. Even if the creator earns directly nothing, public having access to content means it is not private or personal use, which is accepted as exemption.
Platform Policies: The Digital Enforcers
Meta (Instagram & Facebook)
- Meta licenses many popular songs, but only for in-app use
- If users upload videos with background music manually edited outside the app, this use might not be covered by the music license
- The Reels may get muted, blocked, or taken down for unauthorized audio use
Spotify
- Spotify’s Podcast Terms of Use prohibit the use of third-party music unless separately licensed.
- Even short clips or remixes stand to be taken down if rights are not secured.
- As complaints from the likes of T-Series and Zee Music grew, Spotify India took a hard stance on enforcement in 2024.
Enforcement Trends and Growing Crackdowns
- In 2023-24, Indian production houses began deploying automation content ID tools to target and remove unauthorized uses on Instagram, YouTube, and Spotify.
- Popular pages with thousands of followers had their reels taken down for using unlicensed music, particularly with regional hits from Tamil, Telugu, and Punjabi movies.
- Some creator accounts have been temporarily suspended, and copyright warnings have been issued to some that threaten permanent bans.
Challenges for Content Creators
What constitutes copyright protection or exceptions like fair dealing? Many creators have limited knowledge of what is allowed-in that they think short clips or popular audio can be used freely. Other confusion stems from how platforms like Instagram or YouTube communicate whether a particular audio is licensed for their use and how.
Not only cost-prohibitive but usually also complex and inaccessible to small or indie creators will it be for them to obtain proper licenses from those gigantic music labels or production houses. As a result, the typical fear from creators that comes with usage of the content that they think is harmless or similar to what others do is takedown, muting, or legal action. These hurdles make it hard for honest creators to easily manoeuvre the legal maze and always force them to take risk paths that could lead to the infringement of copyrights. Recommendations and the Way Forward Importance of Copyright Protection and Digital Creativity:
- Platforms must be clear on allowed and prohibited use of audio.
- Educating digital creators for compliance on copyright issues.
- “Micro-licensing” simplified for small, inexpensive and time-limited uses for music.
- However, the platforms should enact clear takedown policies and procedures for appeals.
- One such consideration is for a broader, flexible fair use framework to be considered under Indian law.
Conclusion
Homage is taken into so thin a line that it seems blurred day by day. As short forms of content are reinventing expression, it is vital to know the legal confines that dictate the contours of any creations. It calls for an alliance from all-the platforms, the lawmakers, and the users-to make a digital environment where creativity can thrive without infringement of copyright.
In the meantime, until Indian law makes a leap towards more clearly accommodating remix culture, following the terms of the license and steering clear of unauthorised audio remain by far the safest and most ethical paths for creators.
Footnotes
- The Copyright Act, 1957, §§ 14, 51, 52, Govt. of India Gazette (PDF), available at https://www.indiacode.nic.in/bitstream/123456789/1367/5/a1957-14.pdf (last visited 24 June 2025). indiacode.nic.in
- Civic Chandran v. Ammini Amma, AIR 1996 Ker 291 (Ker. H.C.), judgment text at Indian Kanoon, https://indiankanoon.org/doc/169540546/ (last visited 24 June 2025). indiankanoon.org
- 17 U.S.C. § 107 (“Fair Use”), full text at Cornell Law School Legal Information Institute, https://www.law.cornell.edu/uscode/text/17/107 (last visited 24 June 2025). law.cornell.edu
- Meta (Instagram) Music Guidelines see Instagram’s new feature will help you avoid music you can’t use, HT Tech (20 Aug 2022), https://tech.hindustantimes.com/tech/news/instagram-has-a-new-feature-for-your-video-broadcasts-71590039486824.html (last visited 24 June 2025). tech.hindustantimes.com
- Spotify Terms and Conditions of Use (India, 2024 rev.), Spotify Legal, https://www.spotify.com/in-en/legal/end-user-agreement/ (last visited 24 June 2025). spotify.com
- Vaishnavi Vaidyanathan, Why Instagram Is Muting Reels With Music (background on takedowns), HT Tech (20 Aug 2022), https://tech.hindustantimes.com/tech/news/instagram-has-a-new-feature-for-your-video-broadcasts-71590039486824.html (last visited 24 June 2025). tech.hindustantimes.com
- NMPA Says Spotify Podcasts Guilty of Copyright Infringement, GrayZone (4 Feb 2025) (report on removal of 2,500 podcast episodes), https://grayzone.com/2025/02/04/nmpa-says-spotify-podcasts-guilty-of-copyright-infringement/ (last visited 24 June 2025). grayzone.com
Author: Shruthika S. is a Final year, B.A., LL.B. (Hons.) student at Tamil Nadu National Law University (TNNLU).
