Can You Use Someone Else’s Photo, Reel or Video?

Who owns a photo or video posted online?

Usually, the account that posted a photo or video does not give everyone permission to reuse it. Under Indian copyright law, photographs and films can be protected even without copyright registration.

The person who took a photograph is its author, and the producer is the author of a film. But the copyright owner may be someone else. Employment, a paid commission or an agreement can affect ownership. So, if an influencer posts a photograph taken by a professional photographer, the influencer may not be able to give you permission to use it in an advertisement. Ask who controls the rights before relying on a “yes.”

Can you repost it if you give credit?

Credit is not permission. Tagging the original account, writing “photo by” or saying “no copyright infringement intended” does not, by itself, let you download and republish someone’s work.

For example, if you screenshot a creator’s Reel and upload it as your own post, you have made and shared a new copy. The same concern applies if you crop out a watermark or add your logo. Credit may be required as part of a licence, but it does not replace the licence.

What about the app’s Share button?

Using a platform’s built-in sharing feature can be different from downloading and uploading a new copy. Instagram, for example, provides a way to share an eligible public post to your Story when the account allows it. YouTube provides an embedding feature for eligible videos.

Use those tools within the platform’s conditions. A Share or Embed button does not give you a general right to download the work, edit it, use it in a paid ad or publish it on another platform. If you need the material for those purposes, check the rights separately.

What should you ask before getting permission?

Tell the rights holder exactly what you plan to do. A message saying “Can I share this?” may leave too much unclear. Ask about:

• The work: Which photo, Reel or video are you using?
• The accounts and platforms: Will it appear on your account, a brand’s account or both?
• The purpose: Is it an ordinary post, a sponsored collaboration or a paid advertisement?
• Changes and reuse: Will you crop it, add text, include it in another video or use it again later?
• Conditions: Is a fee, credit or time limit required?

For instance: “May we repost your photograph from [post] on our Instagram account to promote [product]? We would crop it for a Reel and credit you in the caption. Please confirm that you can authorise this use and let us know any conditions.” Save the reply and any agreed terms.

Also check what is inside the video. Permission to use someone’s Reel may not cover music, footage or photographs they used under a separate licence. If a person appears in the content, consider whether you also need their consent, especially for promotional use.

Is permission always necessary?

Indian copyright law has specific exceptions, including fair dealing for criticism or review and reporting current events. A creator genuinely analysing a clip may be in a different position from one using the same clip merely to make a post more entertaining. Calling a post a “review” or using only a few seconds does not automatically settle whether the use is fair.

Before you post: a practical check

1. Identify the owner. Did the person granting permission create the work or have authority to license it?
2. Identify your use. Are you sharing through a platform feature, or making and publishing your own copy?
3. Check the scope. Does your permission cover the platform, edits, advertising and later reuse you have planned?
4. Check other rights. Does the content include someone else’s music, footage or image?
5. Keep a record. Save the permission and relevant terms.

The simple rule: A public post is available to see. Before you copy or republish it, establish why you are allowed to use it in the particular way you have planned.

Sources and further reading

1. The Copyright Act, 1957 — particularly sections 2, 13–14, 17, 30, 51 and 52, on protected works, ownership, licences, infringement and exceptions. 
2. Instagram Help: Share someone’s post from feed to your Story — conditions for that platform sharing feature. 
3. Instagram Community Guidelines — guidance on sharing content you have the right to share. 
4. YouTube Help: Embed videos and playlists — how YouTube’s embedding feature works. 

Disclaimer: This article provides general information for creators in India. The position may depend on the content, agreement, platform and current rules. For a specific notice, campaign or dispute, ask a question on GetHelp24 or speak with an independent legal professional.