Crowdsourced Creativity and Collective Copyright: Legal gaps in Collaborative Content Creation on Social Platforms

Abstract

The rise of digital platforms has promoted a new wave of crowdsourced creativity, with users collaboratively producing content such as reels, memes, duets, and co-authored posts. This opening up of content creation to everyone is important, but it also brings up legal issues, especially when it comes to copyright ownership and licensing. Traditional copyright frameworks designed for clearly defined authorship struggle to accommodate the fluid, multi-contributor nature of social media content. In India, the Copyright Act, 1957 recognizes joint authorship but fails to adequately address collaborative digital works where individual contributions are often indistinct.  This paper explores the legal gaps in Indian copyright law relating to collaborative content creation on social media. It analyses how current definitions of authorship and ownership are ill-suited to the dynamics of online co-creation and identifies resulting uncertainties in rights and licensing. A comparative study with South Africa and U.S. legal frameworks highlights how other jurisdictions approach joint authorship, offering insights into potential reforms.  Using doctrinal legal research, case law analysis, and platform terms of service, this paper evaluates the effectiveness of current protections for creators in the digital space. It ultimately proposes legal and policy reforms to better define co-authorship, facilitate fair licensing, and ensure equitable recognition and remuneration for all contributors. The goal is to modernize copyright law in India to meet the evolving realities of digital collaboration.