What does giving credit actually do?
Credit identifies the creator. You might tag a photographer, name an illustrator in your caption or mention the filmmaker whose clip you are discussing. That can be the right thing to do, and it may be required by a licence or by law in a particular situation.
Permission answers a different question: are you allowed to make this use of the work? Under Indian copyright law, the rights to copy and share a protected work generally belong to its copyright owner. Naming that person does not, by itself, transfer those rights to you.
Imagine finding a photograph that would look perfect in your travel guide. You download it, place your title across it and post it with “Photo: @photographer.” You have credited the photographer, but you still need a basis for copying and publishing the photograph.
What if you tag the creator or write “no copyright infringement intended”?
A tag tells someone about your post; it is not their agreement to it. The same is true of “credits to the owner,” “DM for removal” or “no copyright infringement intended.”
Silence is not a reliable permission either. If you message a creator asking to use their video and receive no reply, do not treat that as a yes. First establish that you have permission, a suitable licence, a platform feature that covers your use or an applicable legal exception.
When does credit matter legally?
Credit can be an additional requirement when you are already allowed to use a work.
For example, a stock-image licence might permit use if you name the photographer. If you use material for criticism or review under an applicable exception in India’s Copyright Act, the Act requires an acknowledgement identifying the work and, subject to its stated qualifications, its author. Whether the use qualifies as fair dealing is a separate question; adding a credit does not turn an otherwise unauthorised repost into a review.
The Act also recognises an author’s right to claim authorship, even where copyright has been assigned. This is another reason to take attribution seriously. It still does not mean that attribution alone grants a licence.
Whose permission should you get?
Ask the person or organisation that controls the rights you need. The account that uploaded a photo may not own it. A brand might have paid a photographer for limited campaign use, for example, without obtaining the right to let others reuse the photo.
Be clear about what you are asking for. Permission to share a photograph in one Instagram Story does not necessarily cover putting it in a sponsored Reel, a paid ad or a YouTube video. If credit is part of the agreement, ask how the owner wants to be credited and keep their reply.
You could write: “May I use your photograph from [post] in one Instagram Reel on my account about [topic]? I plan to crop it and will credit you in the caption. Do you control the rights to approve this use, and are there any conditions?”
Before you post: a practical check
- Am I copying or uploading someone else’s work? If so, identify what allows that use.
- Who can authorise it? Check that the person replying owns or controls the relevant rights.
- Does the permission cover this post? Check the platform, purpose, edits and any advertising use.
- Is credit required? Follow the licence, agreement or applicable exception’s acknowledgement rules.
- Can I show what was agreed? Save the permission and its conditions.
The simple rule: Credit answers “Who made this?” Permission answers “May I use it this way?” Check both before publishing.
Sources and further reading
- The Copyright Act, 1957 — particularly sections 14 (copyright owner’s rights), 30 (licences), 51–52 (infringement and exceptions) and 57 (author’s special rights). Section 52 also sets out the acknowledgement requirement for certain exceptions, including criticism or review.
- Instagram Help: How to make sure content you post does not violate copyright law — explains that giving credit does not necessarily prevent copyright infringement.
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.