What Is the ANI vs YouTuber Controversy? Story in 5 Points

Indian news agency, Asian News International (ANI), is facing allegations that it has misused YouTube’s copyright policies to issue strikes against content creators, demanding substantial payments in return or else termination of their channels. The accusations against the news agency sparked an outcry on social media about fair use, copyright enforcement, and misuse of YouTube’s policies for what some creators call extortion.

While cases related to alleged copyright infringement are old, this one comes across as an important development, putting a major news agency and popular content creators at loggerheads. Here is what the entire controversy is about in five digestible points:

1. ANI’s Copyright Strikes

India’s major news agency, ANI, has issued myriad copyright strikes against several YouTube content creators for using news clips owned by it in videos for news analysis or commentary on the video platform. The strikes accuse creators of using these clips without authorisation from the agency, leading to a violation of YouTube’s copyright policies.

2. YouTube Creators’ Take

YouTube creators, such as Mohak Mangal, termed ANI’s actions a form of “extortion” or “blackmail,” arguing that using video clips of up to 10 seconds comes under the fair use policy. They claim using short clips on YouTube is permitted and does not constitute copyright violation. According to Mangal, ANI’s strike was aimed at his video on Kolkata rape case. The news agency demanded ₹45-50 lakh to revoke the strikes and grant a license to avoid channel termination.

Other than Mangal, another anonymous YouTuber named “Sumit” claimed they received multiple copyright strikes, demanding ₹15-18 lakh to withdraw the strikes or face channel termination. Several other creators claim they have also received similar strikes from ANI, demanding anywhere between ₹10-25 lakh against the strike.

3. YouTube’s Policy Role

While ANI has claimed copyright infringement, YouTube creators refute the allegations, saying their usage of ANI’s footage in videos meant for educational purposes is fair. But what does YouTube’s policy say?

YouTube allows copyright holder to identify content that infringes their copyright, based on which they can issue strikes to channels. While YouTube acknowledges that certain uses of copyrighted material fall under fair use or fair dealing — allowing limited use of content for purposes like criticism, commentary, news reporting, or education without permission — it does not define the extent of these clips, leaving a grey area for both copyright holders and creators to define what fair dealing means.

After a channel has received three copyright strikes within a certain period, YouTube can terminate the channel and delete all its videos. While a creator can challenge strikes, it is a lengthy and risky process, wherein unresolved disputes can escalate to legal action. However, YouTube has issued a statement, clarifying that it does not make final legal determinations about fair dealing, requiring copyright holders to consider exceptions when they make a claim or issue a strike. That means the copyright holder decides what is and is not permissible as fair dealing.

4. India’s Copyright Laws

According to Section 52 of the Copyright Act, fair dealing allows creators to use copyrighted material for private study, research, criticism, review, or reporting current events. However, there are nuances to the provision. The law considers the purpose and character of the use, the amount of material used, and the effect on the market value of the original work.

5. Political and Ethical Concerns

The row between ANI and YouTube creators has attracted political commentaries, including those from the Member of Parliament, Saket Gokhale. The debate on ethical issues with ANI’s aggressive copyright enforcement and rebuttals from content creators has raised a question about YouTube’s copyright policies.

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