
The recent clash between Asian News International (ANI) and YouTubers has brought India’s copyright regime under renewed scrutiny. At the centre lies a contentious question: when does reuse become theft, and when is it protected under “fair use”?
YouTuber Mohak Mangal and others allege ANI uses YouTube’s copyright tools to coerce creators into buying costly licences, even for seconds-long clips used in explanatory or critical videos. Legally, Indian copyright law—under the Copyright Act, 1957—permits “fair dealing” for purposes like critique, review, and reporting. But there’s no hard-and-fast rule on what constitutes fair use, leaving creators in a legal grey zone.
Experts argue it’s not about the duration of the clip but its transformative use and market impact. ANI’s aggressive takedowns could potentially be challenged in court—but litigation is costly and carries reputational risk for ANI itself. Meanwhile, YouTube’s rigid three-strike policy heightens the stakes, enabling corporate overreach and silencing independent voices.
With the first ruling on YouTube fair use in India still pending, the outcome of this dispute could redefine digital rights, content ownership, and the power balance between platforms, publishers, and creators in the world’s largest democracy.
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