For many creators, an Instagram account is more than a social-media profile. It can represent years of work, followers, brand deals and even a source of income. So what happens when Instagram suddenly restricts or suspends an account because of copyright complaints? The answer is not as simple as saying that a copyright complaint automatically gives Instagram the right to delete an account. Instagram operates under its own terms and intellectual-property policies, and platforms can take action when users allegedly violate those rules. At the same time, copyright ownership and infringement are questions governed by law.
This distinction has become particularly important in recent proceedings before the Delhi High Court concerning allegations of misuse of Meta’s copyright-enforcement mechanisms. The proceedings involve questions about how copyright complaints are handled and the consequences for creators whose accounts are restricted.
What Does Indian Copyright Law Protect?
The Copyright Act, 1957 protects original literary, dramatic, musical and artistic works, as well as cinematograph films and sound recordings. Section 14 sets out the rights that form part of copyright. Depending on the type of work, these can include rights relating to reproduction, communication to the public, adaptation and other specified uses. Section 51 deals with when copyright is infringed. Therefore, if someone uploads or reproduces another person’s copyrighted photograph, video, music or artwork without the necessary permission, copyright infringement may arise, subject to the facts and statutory exceptions.
What Is a Copyright Strike on Instagram?
A copyright strike is primarily a platform-level enforcement measure. A rights holder or another person may submit a copyright complaint to the platform, following which the platform may review the complaint and take action under its policies. This could include removing content or restricting an account. However, an important distinction must be kept in mind, a copyright complaint is an allegation and is not the same as a court deciding that copyright infringement has occurred. A platform may make an enforcement decision under its own rules, while the underlying dispute may still involve questions of copyright ownership, licensing, permission or statutory exceptions.
Can Instagram Remove Content After a Copyright Complaint?
Instagram can take action under its applicable platform policies and terms when it receives copyright complaints. However, this does not mean that every complaint is automatically legally correct. The circumstances surrounding the complaint matter, including who claims ownership, what work is involved and whether the user has permission or another legal basis for using it.
The Delhi High Court has previously dealt with disputes involving Instagram account suspensions following copyright strikes. In one matter involving Harper’s Bazaar India, the Court ordered restoration of its Instagram page after it had been suspended following copyright strikes. This illustrates that platform enforcement can itself become the subject of legal proceedings.
Does the Copyright Act Allow Every Use of Someone Else’s Content?
At the same time, not every use of copyrighted material automatically amounts to infringement. Section 52 of the Copyright Act contains specific exceptions, including certain forms of fair dealing for purposes recognised by the law. This is why creators should be careful when using the term “fair use” in the Indian context. India has a statutory fair-dealing framework under Section 52 rather than simply adopting the broader US-style fair-use doctrine. Whether a particular use is protected depends on the facts and the requirements of the relevant exception.
What Role Does Section 79 of the IT Act Play?
Social-media platforms also operate within India’s intermediary framework. Section 79 of the Information Technology Act, 2000 provides conditional protection to intermediaries for certain third-party information, subject to the requirements of the law. The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 also prescribe due-diligence obligations for intermediaries.
However, intermediary safe harbour should not be understood as a guarantee that a platform can never be held responsible for anything it does. The protection is subject to statutory conditions and the applicable legal framework. The exact position can depend on the platform’s conduct and the facts of a particular dispute.
Does a Copyright Complaint Automatically Mean the Account Can Be Deleted?
There is an important difference between removing a particular piece of content and restricting or disabling an entire account. The latter can have much wider consequences, especially for creators and businesses that depend on their social-media presence.
The recent ongoing Delhi High Court proceedings involving allegations concerning Meta’s copyright-enforcement mechanisms have brought this issue into focus. The proceedings involve allegations by digital creators concerning the misuse of copyright-management mechanisms and the effect of copyright complaints on their accounts. These remain matters before the Court and should not be presented as a final finding that Meta’s system is unlawful or that copyright complaints made through its system are generally fraudulent.
What If the Copyright Complaint Is False?
This is where the situation becomes more complicated. A complaint may be incorrect because the complainant does not own the copyright, the creator has a valid licence, the material is actually original, or the use falls within an applicable statutory exception. There may also be allegations of deliberate misuse. These situations should not automatically be treated as the same thing. A mistaken complaint and a deliberately false or fraudulent complaint can raise different legal questions.
The ongoing Delhi High Court proceedings involving Meta’s copyright-management mechanisms are significant in this context because they raise questions about how such systems operate and what happens when creators challenge the basis of copyright complaints. However, the allegations should be distinguished from any final judicial finding.
What Can a Creator Do If Their Account Is Suspended?
The first step is to preserve evidence. Creators should retain copies of their original content, drafts, project files, publication records, licences, permissions, invoices and communications relating to the work. They should also save the copyright complaint, Instagram’s notification and any messages received from Meta.
The creator can then use the platform’s available appeal or dispute process. If the dispute involves actual copyright ownership or infringement, the Copyright Act provides civil remedies. Section 55, for example, deals with civil remedies for infringement. The appropriate remedy will depend on the facts of the dispute and the nature of the rights involved.
What If Someone Is Making Groundless Copyright Threats?
Section 60 of the Copyright Act may become relevant in appropriate circumstances. It deals with groundless threats of legal proceedings relating to alleged copyright infringement and provides a remedy where the statutory requirements are satisfied. However, it would be inaccurate to say that Section 60 automatically applies whenever Instagram removes content following a copyright complaint. Whether the provision applies depends on the nature of the communication or threat and the facts of the particular case.
What Does This Mean for Instagram Creators?
Creators should not assume that a platform notification conclusively determines copyright ownership. At the same time, creators should not assume that creating a social-media post automatically protects every element contained in it. A reel, for example, may contain music, photographs, video clips, graphics or other material belonging to different rights holders. Keeping proper records of ownership and permissions can therefore become extremely important.
Conclusion
Instagram can take action against accounts or content under its platform rules when it receives copyright complaints. But a platform strike is not the same thing as a judicial finding of copyright infringement. For creators, the bigger issue is what happens when the complaint is disputed, mistaken or allegedly misused.
The ongoing Delhi High Court proceedings involving Meta’s copyright-enforcement mechanisms could provide useful guidance on how platforms, copyright owners and creators should deal with these disputes. For now, creators should keep evidence of their original work, maintain records of licences and permissions, and preserve every communication relating to a copyright complaint.
