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Everything You Need to Know About Instagram Copyright Infringement

Everything You Need to Know About Instagram Copyright Infringement
Karan Singh
| Updated: Oct 04, 2021 | Category: Copyright

In this digital era, social media has become one of the best ways to connect people anywhere in the world. Instagram is one of the greatest social media platforms to connect with the world, and it has made its name. In this virtual world, a picture, controversial story or a viral meme on Instagram can change people live forever, sometimes in a good way and sometimes in a wrong way. Many famous people or celebrities and verified accounts (blue ticked) are always in the limelight on social media for many reasons. However, some celebrities or famous personalities have caught the eyes of cheaters who are sending Copyright Infringement notice on their Instagram posts and posing some serious questions regarding the security policies of Instagram. Scroll down to check more information regarding Instagram Copyright Infringement.

What is the Meaning of Copyright? – An Overview

It’s a form of Intellectual Property (IP), and it gives an exclusive right to the original author of a literary or artistic work. Copyright empowers the owner to avoid others from using their work without their approval or permission. However, they give certain people with the right to use his or her work under some conditions. The individual or people who have been given permission by the actual owner have the right to recreate that work. Therefore, it is regarded as the IP of the individual so that no one lays any claim on it. The original or unique material can be in the form of movies, painting, YouTube videos, and so on. All of such this can be safeguarded by Copyright. When the Copyright is illegally used by a person, then it is known as Copyright Infringement.

Copyright Act in India was established in 1957, and Section 14 of the Copyright Act, 1957 defines Copyright. As per the Act, Copyright means that an individual or a person has a legal right to authorise the use of their work, including distribution, adaptation, reproduction, public performances, etc. In the case of original works, the Copyright duration is the author’s lifetime, i.e., 60 years counted from the year following his or her demise. In the case of sound recording, films, photographs, government works, and works of international organisations or companies, the validity of Copyright is for 60 years which is counted from the publication date. The Copyrights’ transfer from the assignor to the assignee is known as Copyright Assignment.

An Outlook of Instagram Copyright Infringement Scam

Currently, the Instagram Copyright Infringement Scam has gone viral on social media platforms. Several singers and celebrities or actors claimed that they received a notice related to Copyright infringement from Instagram. The user gets a message or notification from an account claiming to be from the Instagram Copyright Infringement centre. This message or notification is generally sent to famous celebrities or verified accounts’ holders. The message says that some of the posts from their account have infringed the community guidelines of Instagram. Moreover, a Copyright appeal form is attached to this message. Not filling up the Copyright appeal form will create deletion of the user’s account within 3 days. This form asking for feedback from the user is usually a phishing link.

What is Phishing Link?

It’s a type of weapon that is created by a cheater or hacker to collect the personal information of the users for egotistic motives, and this is one of the oldest forms of cyber attack. The attackers or hackers send a message/notification or an email that looks very genuine and from a trusted and reliable company. Due to this, the users fall into a trap created by hackers.

So the hackers or fraudsters use the Phishing kit because it is a vital tool that is used while sending Phishing links. This kit can be obtained from a Phishing website and should be installed on a server. After getting this kit, the hackers or fraudsters can send fraud messages, notifications, or emails to the users. With the help of this kit, the possibilities of a user clicking such links are extremely high. Sometimes, big companies are also trapped with the use of these kits. All Phishing websites can be accessed via the dark web.

What is the process to report an Instagram Copyright Infringement Case?

The user can report a Copyright Infringement case on Instagram, and this can be done by:

  • Filing the Copyright Infringement form, which is available on Instagram;
  • The user can also file a request for Copyright Infringement on the DMCA (Digital Millennium Copyright Act). Then the user will have to contact or call the DMCA agent. The users will have to inform the DMCA[1] agent regarding the complete Copyright Infringement claim.

What is the Policy of Instagram Copyright Infringement?

Usually, users ignore or don’t read the terms & conditions for the use page when they install an app.  Terms of use mean various policies of the application which the users should stand for while using the app so that no inconvenience or problem is caused. The same is in the case of Instagram. Instagram has various terms & conditions for the users enjoying the app’s benefit. One of such policies is Copyright Infringement. Instagram cites that no individual can post or share anything which infringes the exclusive rights of the owner. Further, Instagram cites that the content in the form of posts & videos shared on the app is the user’s responsibility only.

The pop-up that is shown which asks the users to either allow or reject the permissions given to the app should also be read carefully. This is because clicking the allow option gives Instagram a non-exclusive license to distribute, create, modify, and perform the users’ content. In case of infringement, Instagram will send a notification to the person violating another’s Copyright and will remove the post, also citing the reason. If the same person or individual violates the Copyright repeatedly, the app will disable the user account band; they may not be able to access it again.

How to Avoid Instagram Copyright Infringement?

How to Avoid Instagram Copyright Infringement
  1. Create Unique Content: The users should ensure that they create their own content and not imitate anyone else. Every person is born dissimilar, so no one has a right or authority to copy or intimate from others. If many people have created or established that content, then it is vital to cite who owns that original content.
  2. Share Small Clips: Posting short clips can save an individual from violating Copyright. This was also cited in the Doctrine of Fair Use. If a video is small, it cannot be copyrighted.
  3. Take Consent: If a user desires to share another person’s approval, he or she should take prior consent from the actual content owner. If the owner grants permission, then & only then, as the user should post their content.
  4. Alter the Original Content: By any chance the user wishes to use the content, then he or she can alter that content so that it may seem it’s an original one. This will not come under the ambit of the Copyright Infringement policy of Instagram.
  5. Carefully read all T&C: The most important thing is to ensure that the content doesn’t get violated; for that, you have to read all the terms & conditions for the use of the app. The T&C of not just the Copyright Violation policies but also all the other terms gives about how to use the app.

Conclusion

Nowadays, Instagram has grown so much that security problems are bound to occur. Every application tries its best to pleased the users and not bring any problem to them. So before using Instagram, the user should know all the rules related to Instagram Copyright Infringement. It is up to the users using the app to be more aware and attentive. Attackers and hackers are just waiting for new cyber stacking weapons to make the users fall into their trap.

Read our article:Difference Between Copyright and Design in the Fashion Industry – An Overview

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Karan Singh

A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.

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