How to stay creative while complying with the changing rules of influencer marketing

Recently, the creator world has seen many changes when it comes to the rules of influencer marketing. Vaibhav Gupta explains how creators can stay true to their art, without breaching the law.

India is a land renowned for its rich cultural heritage and its status as a centre of creativity in the fields of art, literature, music, and film-making. However, with the implementation of increasing governmental regulations, it can become a challenge for creators to remain creative while still adhering to the country's laws. In this article, we will examine various strategies that creators can use to both stay innovative and comply with the law. 

Creators in India must be aware of their rights and responsibilities when it comes to copyright law, as laid out in the Copyright Act of 1957. This Act grants creators exclusive rights over their work, such as the right to reproduce it, distribute copies, and create derivative works. However, these rights are not without limits, and creators must also consider the exceptions to these rights, which allow for certain uses of copyrighted material without infringing on legal rights. It is thus vital for creators to understand and adhere to copyright laws in India.

As revealed in the World Intellectual Property Organization's (WIPO) report, India does not fare well in terms of copyright protection, placing 40th in the world with a score of 48.94 out of 100. This is a stark reminder for creators in India that they must be extra mindful when utilizing copyrighted material in their work, and take the necessary steps to obtain the required permissions or licenses before using it. Failing to do so can lead to dire consequences and costly legal battles.

Creators looking to stay creative while steering clear of any potential copyright issues can look to open-source and royalty-free material as an excellent resource. Open-source material is a great option, as it is freely available and can be used, modified, and distributed without any restrictions. Similarly, royalty-free material is a fantastic option as it can be used without having to pay a licensing fee. By taking advantage of these resources, creators can ensure that their projects remain legal and that they can focus their full attention on their creative output.

As creatives, it is important to be mindful of content regulations put forth by the Indian government. In recent times, the government has implemented stringent measures to ensure the regulation of content on social media, OTT (over-the-top) platforms, and news websites. This has posed a challenge for many creators, who may feel as though their creative freedom is being hindered. It is therefore essential for creators to stay informed of the latest regulations and be familiar with the legal implications of their output.

According to a report by the Internet and Mobile Association of India (IAMAI), India had around 53 crore social media users as of December 2021. This means that creators have a massive audience to cater to, and they must do so while also adhering to the regulations imposed by the government.

In order to be creative while simultaneously adhering to content regulations, creators should strive to create content that is inspiring and encouraging. By doing so, they can both sidestep any possible legal ramifications and positively contribute to the greater good of society. Additionally, creators should consult legal advice and remain knowledgeable on the newest regulations to guarantee that they are always aware of the most recent guidelines.

In order to ensure that their content remains within the boundaries of the law, creators in India must be cognizant of the various laws that govern the creation, distribution, and reception of their content. These include laws pertaining to copyright, content regulation, obscenity, hate speech, and defamation. Failure to adhere to these laws could result in civil or criminal penalties, including fines and even jail time. As a result, creators should take all necessary steps to ensure that their content does not transgress these boundaries, such as conducting research, seeking legal advice, and double-checking all facts before publication. In recent years, there have been several cases of creators being sued or facing legal action for content that is deemed offensive or defamatory, and this serves as a stark reminder of the importance of adhering to the various laws in India.

With the ever-rising number of cybercrime cases in India, creators must be extra vigilant and mindful when creating content that could potentially be deemed offensive or defamatory. In 2020, the National Crime Records Bureau (NCRB) reported a staggering 1.9 lakh cases of cybercrime, making it clear that creators must not only be sensitive, but also take the necessary measures to ensure they are not violating any laws. To ensure this, it is essential for creators to be mindful of what they create, and also to seek legal advice if they are unsure. Additionally, they can consult with experts in the field to gain knowledge and insight on the best way to ensure they are creating content that is respectful and considerate.

Creators must remain up to date on the laws and regulations that come into play when producing their work to ensure they are staying within the legal boundaries. Although the need to comply with the law can be a challenge, creativity can still be achieved by looking for new and innovative ways to express one’s work, while still adhering to the legal requirements. Ultimately, with the right understanding and knowledge of legal regulations, creators can push the boundaries of creativity while still abiding by the law.

This article is penned by Vaibhav Gupta, Co-founder and Chief Product Officer, KlugKlug