As we sit at home and see the privileged side of lockdown and quarantine, we rejoice witnessing the blooming art in all aspects on social media. From superstars to new born artists, everyone has found a space for themselves to grow on social media with their art. The most trending element everyone is witnessing daily is live videos by various artists, musicians, writers, educators, etc.
Ever wondered whether the art you are putting online on live video in front of the world is safe or not? What if somebody screen record it and posts it on their sites? What if somebody copies your art and produces in another corner of the world claiming theirs? How to claim whether your art displayed or created on live videos is yours and you can in future call it yours? It is evitable that every trend comes with some repercussions.
It is indeed enough food for thought. But to look on to every side of the coin and not just the one is what law teaches. Law provides protection to every single person and elements related to humans in every form. Intellectual Property is one of the main assets an artist beholds. Its protection is likewise important.
To burst the bubble, feel secure as every live video of yours carrying original content created by you in the form of music, literature, course modules, films, sound recordings, etc. is all safe and secure.
To understand further how you can protect your work, let us understand what kind of work qualifies to be protected by the Copyright Act, 1957. Copyright laws in India have two general rules of it. First is the work must be original and not copied or duplicate of any other work. And secondly, it must be expressed out in some form and does not merely exist as an idea in the head. Beyond these two general rules, it is also clearly stated under following sections about the kind of work that qualifies for protection, meaning of copyright and copyright infringement policies in parlance of Live Videos on Social Media.
Section 13 – Copyright can be obtained for original literary, dramatic, musical and artistic works; cinematograph films sound recordings, etc. However, it shall subsist only in the artistic character and design and shall not extend to processes or methods of construction.
In the parlance of Live Videos on any social media, the work produced and presented shall be an original work.
Section 14 – This section defines copyright as the exclusive right [subject to the provisions of this act], to do or authorise the doing of any of the literary, dramatic, cinematographic work, music, sound recordings, etc. in respect of a work or any substantial part thereof which is not published anywhere previously and is an original work.
Section 51 – Copyright infringement in relation to work presented on Live Video shall be deemed to be infringed if
- Any person screen records it and keeps with them or publishes it on other social site, or shares it to other people in any form, by editing or in same form.
- Does any such act which brings him profit through the work of owner without their permission and utilizes their work to gain any monetary or other benefits.
- Distributes either for the purpose of trade or to such an extent as to affect prejudicially the owner of the copyright or any such other usage of the work of other artists without their permission.
The owner can initiate the legal action against the person for infringement of copyrights of owner.
What constitutes infringement of copyright of Live Videos?
- Recording the video and keeping it to yourself and not publishing it anywhere also constitutes an illegal act of infringement of copyright of the owner
- Recording or copying by any other means the Live Sessions.
- Publishing or forwarding the work copied from Live Session on any other platform.
- Even if such screen recording is done for non commercial or non monetary purpose, it still constitutes the act as illegal
Individual’s rights or production company’s rights over live videos
- The first right over live video is of social media handles, for e.g. Instagram, Youtube, Zoom, Facebook, etc.
- All live videos are governed primarily by the copyright policies of such sites. Instagram follows US Copyright laws which are applicable on every user irrespective of the region.
- A production company which conducts such live videos holds the second rights over them. For eg. Live streaming conducted by ZEE music on their Youtube platform holds the copyright over these videos and will be governed by their country acts upon infringement of any such right.
- In case of individual artists, they are governed by both state laws, like Indian Copyright Act 1957 in India and copyright policies of social media handles. They can seek protection under any of the law.
While we enjoy every live video which is bringing us close to our favourite artists, we shall also ensure that such privilege is not misused by us in any manner. The massive rise in live streaming by various performers is the sign of future of entertainment world on social media. It is important that in future such performers and artists be aware of the possible copyright infringements and take proper precautions and required actions against it.