The article “Legal Issues Arising from Game Streaming and Content Creation” is written by Adv. Siddhant Jain
The exponential explosion of game streaming and content creation has given rise to a lot of legal challenges that the creator will have to carefully navigate. This article addresses the most crucial legal issues prevalent in the world of game streaming: copyright infringement, licensing, fair use, monetization, and privacy concerns. It provides an insight into related case laws and regulations, more particularly the Indian context, dealing with the Copyright Act, 1957 and the Information Technology Act, 2000, along with international conventions such as the Berne Convention. The Article insists that the content providers have to take prior licenses, understand the scope of fair use, and show respect for platform policies and privacy laws. The ultimate objective would be to bring into limelight how creators must be well versed with the amendment in the law and must comply with them to avoid dealings with the law and save themselves from disputes that might arise.
Key Legal Frameworks and Regulations
Copyright Act, 1957 (India)
Copyright Act, 1957 is regarded as the principal legislation with regard to copyright in India. This act represents what constitutes infringement and has provided certain exceptions under conditions considered as fair use. While doing so, the important legal principles stated under copyright laws specifically come under Section 51 and 52 of the Act. The definition of copyright infringement may include the reproduction, distribution, and public performance of works without authorization. Conditions constituting an infringement are exceptions provided under Section 52, where such uses, on the fulfillment of specific conditions for research, criticism, or review, are not considered infringements.
Information Technology Act, 2000 (India)
The Information Technology Act, 2000, read with the Information Technology Rules, 2021, provides the bedrock of the regulatory ecosystem for digital content in India. The import of this specifically, in regard to game streaming, is that the legislation provides a mechanism for dealing with copyright infringement in digital media. According to the Act, an intermediary, such as a streamer, is required to put in place a system for actioning copyright infringement notices. This will ensure that the platforms take action against any potential violations with expedition and haste, minimizing the risk of serious legal consequences both for the platform and the users themselves creating the content.
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention is an international agreement that forms the general basis for copyright protection among its signatory countries. By signing this treaty, India, like other member countries, accepts the commitment to protect the rights of creators all over the world. Works from a country may thus be internationally protected, and not only nationally. This dimension will be relevant for game streamers and video content curators because they may have audiences in various countries or they may use different countries’ works in their streams.
Major Legal Issues in Game Streaming and Content Creation
Copyright Infringement
One of the most critical legal risks that game streamers and content developers face is copyright infringement. All these usages of copyrighted material, such as videos of games, music, or any other type of media, have to be permitted to use, failure of which results in serious legal consequences. Copyright Law grants the owner rights to reproduce, distribute, perform, display, or to produce derivative works based on the material reproduced. Un authorized usage of copyrighted materials will result in copyright infringement claims.
A case in point which highlights the importance of such protection is Engineering Analysis Centre Of Excellence Private Limited vs The Commissioner Of Income Tax &Anr.[1] In the present case, the court has clarified that copyright conferred a negative right on the owner, i.e., it enables him to withhold his work from others in cases of a third party’s use without permission of the latter. This is important in bringing to notice that permission must be sought before using materials either in game streaming or content creation.
Licensing
Licensing is the key to being allowed to use and financially gain from content that uses material under copyright. In cases where streamers or other content creators choose to include copyrighted material, obtain the necessary licenses to do so lawfully. It would include licensing of the game itself, music within streams or videos, and any other third-party content that may be featured.
The proprietor of copyright is empowered under Section 30 of the Indian Copyright Act to grant the license to use the work. For broadcasting and also for reproduction and public performances, the license can be issued. For these purposes, in case of failure to procure the license, it will amount to copyright infringement with statutory penalties.
One of the landmark cases related to licensing is M/s Entertainment Network (India) Ltd. v. M/s Super Cassette Industries Ltd.[2] This case highlighted the importance of license to broadcast. The copyright societies seem to have a trend to issue licenses. Any broadcast or video on the channel requires complete permission by the original owner.
Fair Use
Fair use is a statutory exemption to copyright infringement claims that permit the use of a limited amount of copyrighted material to be published without permission from the owner of the copyright. However, the application of fair use in game streaming and content creation is complex and often requires a case-by-case analysis. The various factors considered in determining fair use include the purpose and character of the use whether commercial or educational in nature, the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use on the market value of the original work.
Section 52 of Indian Copyright Act prescribes certain exceptions that will not be treated as infringement, use made for private purposes, research, criticism, review, and reporting of current events. But, whether it is fair use or not is not quite easy to decide on many an occasion, and this may depend upon the surrounding facts of the case.
One such important case is that of Krishika Lulla &Ors. vs Shyam VithalraoDevkatia&Anr.[3] The court in this case noted that merely using a title or a small part of a work does not necessarily constitute copyright infringement, as it may fall under fair use. This case underscores the importance of understanding the boundaries of fair use when creating content that includes copyrighted material.
Monetization
Further legal problems arise with the monetization of game streams and content. Where the content includes copyrighted material, streamers and content providers must ensure that they have the appropriate licenses for the monetizing of that content. Without such licenses, this opens up the pathway to potential claims of copyright infringement. Secondly, there are various policies and agreements on YouTube and Twitch that need to be adhered to when the streams need to be monetized.
Monetization usually comes in the forms of ads, subscriptions, donations, and sponsorships. To this end, streamers should be very aware that monetization practices remain compliant not only with utilized platform terms of service but also with copyright laws, or some cases of disputed arguments may lead to their possible legal consequences.
A case that highlights the penalties for copyright infringement in the context of monetization is State Of Andhra Pradesh vs Nagotivenkataramana[4]. This case discusses the penalties for copyright infringement, including fines and imprisonment. It serves as a reminder of the serious consequences that can arise from failing to comply with copyright laws when monetizing content.
Privacy Concerns
Privacy concerns are another critical issue for game streamers and content creators, particularly when streaming live. Streamers must be mindful of the potential for inadvertently disclosing personal information about themselves or others. The Information Technology Act of 2000, along with the rules and guidelines it provides, offers a framework for data protection and privacy, which is highly relevant in this context.
A landmark case that highlights the importance of data privacy is Justice K. S. Puttaswamy (retd.) &Anr. vs Union Of India &Ors.[5] This case underscores the need for consent, transparency, and control over personal information. It serves as a critical reminder for content creators to be cautious about privacy issues, especially when broadcasting live to a potentially global audience.
Conclusion
Game streaming and content creation have to negotiate a complex and often changing legal environment. Issues related to copyright infringement, licensing, fair use, monetization, and privacy concerns make it imperative for streamers to be attuned to relevant laws and regulations. The speed at which the changes in technology and alterations in digital content laws are happening underlines the need for continuous awareness and adaptation both by those who are creating and those who exercise this area of law.
The industry continues to grow, and with that, content creators should be way more vigilant about their legal duties. In a position to understand and follow the laws and regulations applicable to their work, streamers will also have to obtain the permissions and licenses needed for their work, thus protecting themselves from lawsuits and other legal issues. In this connection, since the contents of technology and digitization are usually in evolution, the creator should also be well ahead of knowing how to comply with the ever-changing legal landscape that limits risks and possibly bypasses some major legal missteps.
[1] Engineering Analysis Centre Of Excellence Private Limited vs The Commissioner Of Income Tax &Anr. 2021 INSC 137
[2] M/s Entertainment Network (india) Ltd. vs M/s Super Cassette Industries Ltd.2008 INSC 708
[3] Krishika Lulla &Ors. vs Shyam VithalraoDevkatia&Anr. 2015 INSC 781
[4]State Of Andhra Pradesh vs Nagotivenkataramana 1996 INSC 909
[5]Justice K. S. Puttaswamy (retd.) &Anr. vs Union Of India &Ors.2017 INSC 1235
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