PROTECTION OF ARTISTIC WORK ON

SOCIAL MEDIA PLATFORMS: A CRITICAL

ANALYSIS

By
Khushboo Saraf
 LITERATURE REVIEW

• Nandita Saikia – Art and Indian Copyright Law: A Statutory Reading

• Dr Corinne Tan
• Regulating Social Media: Copyright’s Regulation of Content-Generative User
Behaviours on Instagram
• Regulating Content on Social Media: Copyright, Terms of Service and Technological
Features
• Caroline Russ – Tweet Takers & Instagram Fakers: Social Media & Copyright
Infringement
• Craig Carpenter – Copyright Infringement and the Second Generation of Social
Media Websites: Why Pinterest Users Should be Protected from Copyright
Infringement by the Fair Use Defence
 STATEMENT OF PROBLEM AND
HYPOTHESIS

• Promotion of sharing vs. Sharing as their own

• Problem with Instagram and Pinterest
• Ascertainment of infringement of Copyright of Artistic works on Social Networking
sites
• Problem of determination of ‘originality of work’ in artistic works on Social
Networking Sites.
• HYPOTHESIS
• Lack of proper and clear framework to protect creators and the remedies available
• Scare awareness and lack of cases in Indian online creative community
 1.
MEANING OF SOCIAL NETWORKING SITES
AND ARTISTIC WORK| NEED TO COPYRIGHT
WORK

• Social Networking Sites

• “Artistic works” Section 2(c) of the Copyright Act, 1957
• Need for Copyright
• The Story of an Instagram user
• Unawareness of Users
• ‘linking’ and its contradiction with Terms of Use
• Eg. YouTube
• “grey zone” under Copyright legislations which do not cover a lot of infringing users.
• Infringement both by users and commercial entities
 II.
WHO OW NS ARTIS TIC WORKS ON S OCIAL
NETWOR KING SIT ES?

• Appropriation Art and derivative works

• Fan Art
• Digital Millennial Copyright Act, 1998 along with WIPO treaties
• Law territorial and Internet is global
• INSTAGRAM
• A user transfers a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to
use their content to Instagram
• PINTEREST
• Pinning original works by third-party
• In addition to the above term of use, Pinterest - solely for ‘the purposes of operating, developing, providing and
using’ the Pinterest products
 III.
REMEDIES FOR CREATOR AND USERS

• Infringement
• Screen capture
• Linking
• The Pinterest and Instagram Problem – Terms of Use
• Violation of Neighbouring Rights
• Fair Use and Fair Dealing
• Moral Rights
• Injunctions and Damages
• Taking down of content
• Prior Permission
• Out of court settlement
• Creative Common
 I V.
CASE STUDIES

Jeff Koon’s Case North Jersey Media Group v. Fox

“String of Puppies”

Visual Arts Inc. v. Goldsmith (Andy

Warhol) case
Michael Jordan Nike Pose Case Shepherd Perri Obama Hope Poster
“Jumpma” Pose Case

Ai Wewie Case
 CONCLUSION AND SUGGESTIONS

• Copyright education strategy like YouTube’s ‘copyright school’

• Lack of dedicated space for discussions regarding Copyright policies
• Lack of user awareness
• Suggestions
• Better and lucid explanation to users of Copyright Policies on Social Networking Sites
• Legal Response and Adaptation of statutes
• Globalizing Creative Commons
• Centralizing International IP Laws
• Better user inclusive Notice and Take down process
• Screen grab alert
THANK YOU!