UNDERSTAND YOUR RIGHTS AS A CONTENT CREATOR

INTRODUCTION

Imagine you’re a content creator who has put your heart and soul into the art you have made. Finally, people start recognizing it, but suddenly, somebody else posts your work claiming it is theirs, and they are earning a profit from it. How would you feel? Sadly, this is the reality for many small content creators in India.

That’s why understanding your rights as a content creator becomes crucial. The Indian copyright law is your savior as it protects your creativity and ensures you are fairly rewarded for your work financially and morally.

This article is for all the content creators out there. Here we are going to explain the law, rights, challenges you may face, the authorities, and other relevant factors, particularly the 2012 amendment, so you can understand everything from the basic to the latest update.

TMWala will help you to resolve all queries regarding your rights and liabilities as a creator.

WHAT IS COPYRIGHT AND WHY DOES IT MATTER?

The copyright law of India gives creators exclusive rights over their original work. The rights it gives are as follows:

• Make copies
• Sell or Share
• Turn into another format
• Perform or display the work on public platforms such as YouTube, Instagram, etc.
• License or assign it to others

One thing about copyright law is you don’t need to enforce it by doing something; it automatically applies as soon as your work is created and fixed in a tangible form, which means written down, recorded, or saved digitally. But yes, registering your work is useful for legal enforcement.

WHO QUALIFIES AS A CREATOR?

You will be considered a creator under copyright law if you are creating original work in any of the following areas: –

• Written something like novels, blogs, or screenplays
• Musicians and lyricists
• Photographers and visual artists
• Filmmakers and video editors
• Graphic designers and illustrators
• Software developers
• Content creators on any public platform, like YouTube, Instagram, or any other OTT platform.

Whether you’re a full-time professional or doing it as a hobby, the law protects your work as long as it’s original and in physical form.

YOUR KEY COPYRIGHT RIGHTS AS A CREATOR

1. Right to Reproduce

As a content creator, you hold an exclusive right to make copies of your original work. Expect you, no one else has the right to make any kind of copy of your work without your permission.

2. Right to Distribute

As a creator, you hold absolute right to decide where you want your work to be published or shared, whether in printed form (physical copy) or on online streaming platforms (digital copy). You can also set the terms and conditions regarding access to your content.

3. Right to License and Assign

You can:

• License your work: You can allow someone to use it, but you keep ownership.
• Assign your rights: at your own will, you can transfer ownership completely.

One excellent method to receive royalties while maintaining your rights is through licensing. For instance, you will be compensated each time your song is streamed if you license it to a music app.

UNDERSTANDING ROYALTY RIGHTS: THE 2012 AMENDMENT

The Copyright (Amendment) Act of 2012 was a turning point for creators, especially for those who are in the entertainment industry, as it added a high level of protection for writers, musicians, and performers.

What Changed?

Before the 2012 Amendment, once the creator has submitted their work to the producers, they lost all their rights to the work and cannot use it in the future; the benefit will go to the production company and producers rather than the artist. But now the 2012 Amendment made it mandatory for creators to receive royalties, even after assigning the rights.

Key Benefits:

• Composers and lyricists must receive royalties whether their music appears in movies, television shows, or online.
• Scriptwriters and authors must receive payment if their labour is profited from or reused.
• Performers such as actors and singers are entitled to royalties from their recorded performances.

Various people try to deceive the artist by making such contracts that take all the rights of the artist to use their work, but as per the law, these rights cannot be waived, even if the contract says otherwise.

MORAL RIGHTS: PROTECTING YOUR REPUTATION

Beyond money, creators also have moral rights, which remain with them even after they assign or license the work.

Content creation is more than just about earning its passion for some people. Beyond legal rights, creators also have moral rights, which remain with them even after they assign or license their work to someone else.

1. Right of Paternity (Attribution)

As a creator, you have the right to be known as the creator of your work; no one else can claim ownership of your original creation or remove your name from it without your permission.

2. Right of Integrity

You have the power to prevent people from misrepresenting, mutilating, or distorting your work in a way that damages your reputation or changes the meaning you intended.

CASE STUDY:

The well-known artist sued the government in AMARNATH SEHGAL V. UNION OF INDIA: –

The Indian government appointed renowned sculptor Amarnath Sehgal to paint a mural at Vigyan Bhavan, which he finished in five years and had on exhibit in 1962. The mural was carelessly taken and stored by the government during renovations without his consent, causing harm. Sehgal filed a lawsuit against the government, claiming that copyright laws had violated his moral rights. The Court decided in his favor, stressing that a creator’s moral rights are upheld long after the work is sold and that it is an infringement of those rights to destroy or mutilate their creation.

HOW TO ENFORCE YOUR RIGHTS

1. Register Your Work

Registering your work is not mandatory, but it surely helps when you face a legal battle, it helps in proving that you are the original owner of your work.

2. Cease and Desist Notices

If you see someone using your work without your permission, as a creator you have the right to send a cease and desist letter. It is a formal notice that is sent to the user and asks them to do so, as they are infringing on your rights. This letter is enough to resolve the issue without going to court.

TMWala will make sure to do the compliance with the cease and desist letter, to ensure that no one will infringe on your rights as a creator.

3. Legal Action

But if the infringement continues even after a cease & desist letter, then you can:

• File a civil suit for damages and injunctions.
• Pursue criminal penalties like fines or imprisonment for wilful infringement.

4. Authorities

Managing your royalties manually can be overwhelming. That’s where copyright societies come in.

As a layman, understanding and managing royalties manually can be tough and overwhelming. That’s where copyright societies come in to help:

• Keeping track of he use of your work across platforms
• Collect royalties on your behalf
• Distribute payments fairly to all members

CHALLENGES FACED BY CREATORS

1. Complex Legal Language

Many artists find it difficult to understand the legalities in contracts and legislation. It’s crucial to:

• Speak with a copyright attorney.
• Use clear-cut manuals or go to seminars

2. Enforcement in the Digital Age

Copying, sharing, and altering digital content is simple. It can be difficult to keep an eye on your work online, but reverse image search and Google Alerts can assist in identifying misuse.

3. Power Imbalances

Big production houses or brands often have more legal and financial power. To deal with them, you must be aware of a few things:

• Understand your rights
• Never sign contracts without reading
• Work with legal experts for negotiations

CONCLUSION

Your work is your identity as a content creator, and it should be safeguarded. Indian Copyright Act gives you the ability to keep ownership, collect royalties, and safeguard the integrity of your works, particularly since the 2012 Amendment. Understanding your rights is the first step to establishing a safe and long-lasting creative career, regardless of your artistic medium: music, writing, cinema, or digital art. Keep yourself updated, register your work, get legal counsel when necessary, and never undervalue your uniqueness. But as a layman, understanding all this can be overwhelming, but not to worry, experts like TMWala are there to help you protect your legal as well as moral rights.