This article on ‘How to Report Copyright Infringement on Instagram?’ was written by an intern at Legal Upanishad.
Introduction
Social media and the instruments such as Facebook, Instagram, Twitter, etc have become a very ingrained part of our everyday lives.
These social media applications are just not used for capturing and sharing photographs but have also become a tool that various businesses now use to launch and market their products and ideas via these platforms. Building a targeted audience on social platforms has been easier as more individuals join.
It has become incredibly simple to fall victim to copyright infringement due to the volume of content that is produced and placed on these applications via the internet. It is important to know what to do in such a situation. How can one report the infringement? What are the necessary steps which are to be taken?
The article that follows provides instructions on how to report a copyright violation.
Copyright and Ownership
A collection of rights that are vested with the creator of an original work. The original work can be an expression of ideas which can include books, pictures, sculptures, technical drawings, etc.
Copyright is a sui generis right. The author owns the copyright from the inception of the work and the registration of copyright under Indian Law is not mandatory but is prudent to get the creation registered as a precautionary measure in case a dispute arises.
The owner of the creations could be an individual or a corporation. The owner has a set of rights for the work created. It is defined under section 14 of the Copyright Act, 1957 which explains it as the right or the authority which the owner of the creation is granted for his works.
The rights included are-
- Reproduction of his /her work
- Distribution of the work
- To transfer the work
- To license the work
What is copyright infringement?
Infringement occurs when one illegally used another person’s intellectual property either by publishing or by distributing the same work. Copyright infringement can also be called piracy or theft. Section 51 of the Copyright Act defines copyright infringement. The right is said to infringe when the following occurs-
- Any person who without the permission of the owner performs the act which is solely authorized by the owner.
- When any person sells or hires to sell the work of another person without the owner’s consent.
- Unless the person was unaware or has reasons to believe that such permission would amount to a violation of the copyright of the owner.
- Reproduction of the work without prior permission.
What is Instagram?
Instagram, a platform used for photo and video-sharing app which was created by Kevin Systrom in 2010 and was launched on the 6th October 2010 was developed in a short span of 8 weeks. It was a web application that was inspired by the creator’s fine taste for premium whiskeys and bourbons and was called Burbn.
Burbn was created for sharing photos and location-based “check-in. In 2010, Kevin Systrom along with fellow graduate Mike Krieger reassessed the Burbn app and modified the app. The transition to becoming a designated photo-sharing application for pictures captured with a mobile device would allow the users to have an unobtrusive path to easily capture and share the photographs.
The renaming of the app happened during this trial and testing period. The name comes from integrating the words instant and telegram. The application was finally launched on the 6th of October 2010 for Apple devices.
The application was later acquired by the social media giant Facebook for $1 billion cash and stock.
The application has since been able to generate a user base of over a billion and counting.
How to report an infringement on Instagram?
The internet has become a boon and curse to human existence. It comes with the anonymity under which committing crime has become very convenient. Social media applications such as Instagram, Facebook, YouTube, and other similar apps in the market act as a great platform that allows user to share their creativity with the world at large.
Now, while it’s an enjoyable and rewarding experience, some people have been using these platforms as a means of copyright infringement.
Numerous users experience this predicament every day. One can follow the steps mentioned below to report the same.
The three ways to report copyright infringement
The application offers three ways to report copyright infringement which are provided in the help center section of the app. They are as follows-
- The first option is to report by filling out the form.
- The second option revolves around the violations of intellectual property rights for Brands such as Facebook or others.
- The third option is by filing a report to take down the content by sending a notice under the Digital Millennium Copyright Act (DMCA) through this link for the form is- DMCA.
One can also file a copyright claim via their designated agent through the post along with a report of the copyright claim.
Steps to follow to report copyright infringement on Instagram
To report a copyright infringement one can follow the steps mentioned below-
- Step 1- The first step is to Log in to your account.
- Step 2- Then Select the post to be reported, on the right-hand side, there are three dots click on them
- Step 3- A pop-up with “report” appears on the screen, click on the same.
- Step 4- It would then display a list of reasons, click on “intellectual property violation”.
- Step 5- Click on the “Report in Help Centre”.
- Step 6- A set of two -pages would appear, on the first click on “Reporting Copyright Violations”.
- Step 7- Select “this form” at the end of the first paragraph.
- Step 8- Select “Copyright” and continue with your report.
- Step 9-Fill in all the other necessary details such as name, address, email id, and URL of the post violating copyrights along with the original link of the post.
- Step 10- After filling out the form, one would receive a confirmation mail on the report being sent.
In case when copyright infringement occurs, either the content is removed or the account reported is disabled by the company. However, it would be best to keep in check with the company with regard to the progress of the report filed.
Suggestions to avoid copyright Infringement
The terms and conditions of Instagram mention that one cannot violate anyone’s IP rights by posting or sharing their content without prior approval. Along with knowing the basics of copyright law, one can avoid infringement by following the below suggestions-
- Not to post any content which is not made by you
- Have explicit permission when sharing content other than yours
- Recognize the exceptions offered by law.
One can follow the above suggestions to avoid copyright infringement.
Conclusion
We live in a day and age where it’s all about likes, shares, or views received on the content posted out there as content is the king as often heard. It’s all fun and games when done in the right spirit. Social media is a great tool that helps us connect, interact with an audience of similar interest and collaborate.
There is a major difference between expressing and sharing one’s idea versus capitalizing on the same as one’s own by infringing someone else’s rights. It’s important to recognize that in this content-driven as it is very easy to get lost in the rush of gaining more of everything.
It can be said that content is the prince while moral remains the king.
Reference:
- Tanvi Sapra,(2020, Dec 20th) “Ownership of Copyrights and Rights of Copyright Owner in India”https://lawcirca.com/ownership-of-copyright-and-rights-of-copyright-owners-in-india/#:~:text=Generally%2C%20the%20creator%20or%20the,the%20employer%20of%20the%20author.
- Dan Blystone(2022, July 11th) “what is Instagram and why was it successful?” https://www.investopedia.com/articles/investing/102615/story-instagram-rise-1-photo0sharing-app.asp
- Nidhi Chhillar (2019 Aug 22nd) “Copyright Infringement” https://blog.ipleaders.in/copyright-infringement/
- Graci Chen(2021, Jan 25th) “Australia: how to avoid copyright infringement on Instagram” https://www.mondaq.com/australia/social-media/1029086/how-to-avoid-copyright-infringement-on-instagram
- https://help.instagram.com/354736791367645
- Social gyan (2022, Feb 15th) “Instagram Copyright Infringement how to report and deal with it” https://socialgyan.net/copyright-infringement-on-instagram/
- Meta “About Brand Rights Protection” https://www.facebook.com/business/help/828925381043253?id=4533021280101097
- Instagram, Meta https://help.instagram.com/454951664593304
- Chauncey Crail &Ors (2022, Aug 16th) “what is copyright infringement? Everything you need to know”https://www.forbes.com/advisor/business/what-is-copyright-infringement/
- https://indiankanoon.org/doc/1038145/