Have you ever wondered that the reaction videos which you binge watch on YouTube and Instagram might attract a lawsuit? Even though they are a perfect blend of entertainment and commentary and attract millions of views, they also have the potential to stir a good deal of legal controversy. Are reaction videos protected under India’s Copyright Act as “fair use,” or do they flirt dangerously with copyright infringement? Let’s unpack this evolving debate.
What Is “Fair Use,” Anyway?
The term “fair use” is not explicitly defined under the Indian Copyright Act, 1957. In India, we instead talk about a narrower concept called “fair dealing”. It allows some use of copyrighted material without the content owner’s permission for purposes such as criticism, reporting, research or review. Reaction videos seem to fit the bill at first glance, especially when they involve commentary or critique. But, it’s not that simple. The tricky part is determining whether a reaction video is truly transformative. Does it add something new, or is it just piggybacking on the original content? Courts will likely assess factors like how much of the original work was used? Whether the reaction video offers unique insights or just rehashes the same old stuff. The Delhi High Court in The Chancellor Masters & Scholars Of The … vs Narendera Publishing House And Ors provided four grounds to establish whether any work has acquired transformative quality, which are:
1. Did the reaction video use only as much copyrighted material as necessary?
2. Does the video serve a distinct purpose, such as educating or entertaining through commentary?
3. What is the nature of the Copyrighted Work?
4. Does the reaction video impact the market of the original work?
A Real-World Case: Tanmay Bhat’s Reaction Videos
Let’s talk about Tanmay Bhat, one of the most well-known YouTubers in India. His reaction videos serve as an excellent illustration of how to tread carefully. Tanmay’s content doesn’t just reproduce. It also incorporates humour, criticism, and unique flare, whether he’s dissecting cringeworthy TikTok videos or presenting his take on movies and shows.
But not every creator does this. Some just replay big chunks of the original video and add a few random comments. This kind of content is less likely to be protected by fair dealing because it doesn’t really create anything new.
Striking A Balance
For creators, the key is caution. Reaction videos should:
Keep It Transformative: Add unique commentary, critique, or humor. Don’t just react—create.
Use Short Clips: Stick to snippets that are essential to your point, not the whole work.
Be Respectful: Even if it’s not legally required, crediting the original creator shows goodwill and builds trust.
For copyright holders, reaction videos could lead to new avenues for audience engagement. They can either take this as a challenge or an opportunity.
India’s copyright laws are still catching up with the digital age. For now, the only trick to staying on the right side of law is being creative and adding value. Do remember, it’s not just about the views, it’s about staying on the right side of fair use.
Author: Riya Gupta