Right Of Reaction: Does It Come Under Fair Use?

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