Copyright Enforcement in the Social Media Ecosystem: A Comparative Legal Study of the US and UK Fair Dealing or Unfair System? Copyright, Content ID, and the Chilling Effect on Indian Digital Creators

Abstract

The proliferation of digital content platforms has intensified copyright conflicts, acutely affecting Indian YouTubers. This paper investigates the misalignment between India's "fair dealing" (Copyright Act, Section 52) and YouTube‘s automated Content ID. Through doctrinal and comparative legal analysis juxtaposing India's framework with US "fair use" and the EU Copyright Directive, this study examines how automated enforcement interacts with statutory exceptions. We argue the current ecosystem, exemplified by disputes such as the recent allegations against Asian News International (ANI) for issuing copyright strikes on short news clips used in commentary videos, facilitates copyright claim misuse, disproportionately affecting independent creators, and chilling critical commentary. Automated enforcement prioritizes claims over nuanced legal exceptions, creating a power imbalance. The paper proposes dual reform: platform governance changes (enhanced fair dealing assessment) and legislative clarification by India to adapt fair dealing for the digital age, potentially via a new oversight body.