Copyright and fair dealing for Indian creators: a practical guide

Every week creators lose videos to copyright problems they did not see coming: a song playing in a café, a clip from a film used in a review, a meme template, a news photo. Many of these problems come from myths that spread online, like “anything under 10 seconds is fine” or “if I credit the owner it is legal”. This guide explains how copyright works for creators in India, in plain words. It is general information, not legal advice. For a specific problem, talk to a lawyer.

What copyright protects

In India, copyright is governed mainly by the Copyright Act, 1957. It protects original literary, dramatic, musical and artistic works, as well as films and sound recordings. Protection is automatic. The creator does not need to register anything, and there does not need to be a © symbol. If someone made it and it is original, assume it is protected.

Copyright protects the expression, not the idea. Anyone can make a video about “10 budget phones under ₹15,000”. What you cannot do is copy someone else’s script, footage, thumbnails or music to make it.

The myths that get creators into trouble

• “Under 10 or 30 seconds is fine.” There is no fixed safe length in Indian law. A short clip can still infringe, especially if it is the most important part of the work.
• “I gave credit, so it is allowed.” Credit is polite, but it is not permission. You still need a licence or a legal exception.
• “I am not earning money from it.” Non-commercial use can still infringe. It may matter when deciding whether a use is fair, but it is not a free pass.
• “It was on the internet, so it is public.” Being publicly visible is not the same as being in the public domain.
• “I changed the pitch or flipped the video.” Tricks that dodge automatic detection do not change the law.

What “fair dealing” means in India

Section 52 of the Copyright Act lists acts that do not infringe copyright. The best known is fair dealing with a work for certain purposes, including private or personal use (including research), criticism or review, and reporting current events and affairs. India’s approach is purpose-based: your use has to fit one of these purposes, and it has to be fair.

Courts look at the overall picture when deciding whether a dealing is fair. Useful questions include:

• Is the borrowed material genuinely used for the purpose, such as reviewing or criticising that work, rather than as decoration?
• How much was taken, and was it more than the purpose needed?
• Does your video replace the original for viewers, so someone who watches yours no longer needs to watch theirs?
• Is your own contribution, meaning your commentary, analysis or reporting, the main thing viewers come for?

Safe habits for common video types

• Reviews: use short clips that you actually talk about. Pause, analyse and give your opinion. Do not play long scenes with a few comments on top.
• Reactions: your reaction needs to add something real, like commentary, critique or context. A video that plays someone’s full content with your face in the corner is likely to be treated as a copy.
• News and current affairs: report and comment in your own words. Use official photos and press material only within their stated terms, and avoid re-uploading another outlet’s full report.
• Tutorials: if you demonstrate software or games, check the publisher’s content policy. Many game publishers allow gameplay videos and say so publicly.
• Background music: use music you have a licence for, such as Creative Commons tracks with proper credit or a library you subscribe to. Turn off cafés’ and shops’ music while you record if you can.

Your own work is protected too

The same law protects you. Your videos, thumbnails, scripts and photos are yours from the moment you create them. Keep your project files and raw footage, because they are the easiest proof that you made something first. If someone re-uploads your work, most platforms, including Soraivy, have a takedown process for copyright owners.

When you get a claim or takedown

• Do not panic, and do not re-upload the same video under a new title.
• Read exactly what was claimed: the music, a clip, or the whole video.
• If the claim is right, remove or replace the material. Many editors let you swap a music track without re-uploading.
• If you are sure your use is licensed or fair dealing, use the platform’s counter-notice process and explain why, calmly and specifically.
• Keep records of every licence and permission you rely on.

The simple rule

Make your own contribution the heart of every video. Borrow only what you need for a real purpose like review, criticism or reporting, use licensed music, and keep proof of permissions. Creators who work this way rarely have copyright problems, and when they do, they can defend themselves.