A photographer may register a copyright in a photograph, however, this is a recommendation rather than a requirement. Copyright protection begins the moment the work is created. The expression of a concept is copyrightable, but not the idea, according to copyright law. Normally, social media platforms have their own copyright rules. For example, Instagram states its Copyright rules which tells its users how to protect their own copyrighted works and avoid infringing the copyrights of other people when posting on Instagram, as well as how Instagram addresses reports of copyright infringements. But we must note that laws in different countries may vary. If the issue is still not resolved using its Help Centre, then it is better to move legally.

Countries pass laws to safeguard intellectual property for two primary reasons: first, to give statutory voice to the creator’s moral and economic rights, and second, to foster creativity in order to encourage fair trade and accelerate the creator’s and country’s economic and social growth. The laws controlling Copyright protect intellectual property rights on photos. Legislators have taken strenuous attempts to protect photographers’ rights by categorizing images in the “Artistic Category,” which includes photographers under the idea of “Authors.” The law grants the author-specific rights that can only be exercised by the author. The Indian Copyright Act of 1957 is comprehensive. It protects not only traditional paper images but also online photographs, despite the fact that they are not specifically addressed. The “first owners” of a literary work, according to Section 17(a) of the Indian Copyright Act, are the authors of that work, and first ownership will always remain with the author, even if the rights to the literary work have been transferred. In short, this section states that the photographer is the original proprietor of the photograph and that he has all rights to it. The existing copyright legislation is capable of meeting the difficulties brought by modern technology and provides a solid legal foundation for copyright protection. Section 51 of the Indian Copyright Act of 1957 safeguards photographers’ expression from infringement. Copyright infringement is defined as any violation or infringement of the author’s rights. In addition, Indian courts have ruled that publishing a photograph without the author’s or owner’s consent from another published material constitutes an infringement of the photograph. However, infringement does not occur when the identical photograph is utilised by another person without the goal of obtaining illicit profits. Also, if the photograph is used for legislative or academic purposes, it will not be considered a copyright infringement and will be considered authorised use of photographs without the photographer’s prior authorization.

The Copyright Act of 1957 grants creators (photographers) of artistic works certain exclusive rights. The photographer’s rights are as follows: (1) Right to reproduce, which means that no one may make one or more copies of a work, or a major portion of it, without the copyright owner’s permission. He can use the right to reproduce as a legal basis for various sorts of exploitation of copyrighted work. (2) Right to make any adaptation of the work, which means it entails the creation of a new work or the alteration of existing work in a similar or different form. According to Section 57 which deals with authors special rights, the author of a work shall have the right to claim authorship of his work, to restrain or claim damages in respect of any distortion, mutilation, modification, or other act in relation to the said work, whether or not the author’s copyright has been assigned entirely or partially if such acts would be prejudicial to his honour or reputation.

WATERMARKS

Watermarks serve a similar purpose as trademarks. Its purpose is to indicate that the shot was taken by a specific photographer. Anyone who wants to use the photo will see the watermark and be able to find out who took it. It is up to him whether or not he contacts the photographer and asks for permission. Watermarks don’t play a legal role in the court of law. The evidence that can be adduced are agreements, circumstantial evidence, other photos in the series, etc.

REMEDIES

Injunction, damages and accounts, delivery of illegal copies, and damages for conversion are covered by civil remedies (Sections 55 to 62).

Criminal remedies (Sections 63–66) deal with the accused’s imprisonment or fine, or both, as well as the seizure and transfer of infringing copies to the copyright owner. In other words, it aims to penalize individuals who engage in piracy on a commercial basis.

Administrative remedies (Section 53) – involve petitioning the Registrar of Copyrights to prohibit the importation of infringing copies into India, as well as the delivery of confiscated infringing copies to the copyright owner.

Other than this there are various non-legal ways in which we can address this issue. The trending ways of going ‘live’ or posting their concerns on the social media platform have been proved very effective. But we should always bear in mind that these too have their consequences like defamation, wrong allegations, etc.

When we buy cosmetics we look into the ingredients which are contained in the product, i.e., if it is free from paraben, fragrance, and other unwanted chemicals that are harmful to the skin. Once a consumer starts using a certain product that suits their skin, they tend to stick on to the using it till they find a better product. But, they overlook the fact that sometimes when they buy the same product online, they may get a counterfeit product, and that’s how we lose a consumer of the original product. This will create a sense of distrust towards the product and the company.  

There are two kinds of consumers concerning buying counterfeit products. One, consumers who intentionally buy counterfeit products as they are cheaper and sometimes get lucky with the quality of the product or don’t care about the quality of the product. Second, consumers who in the pretext of buying authentic products get scammed with counterfeit products.

Then there is another different section of the consumers who create content on various social media platforms with regard to the comparison of real and fake products and sometimes advertise the fake ones as they can be better than the original product.

With the counterfeit industry booming, consumers should be aware of distinguishing between real and fake products. With the improving technology, it is becoming harder to distinguish real from fake. Here are some tips to keep in mind while buying:

Packaging

One of the most important things to look at is the packaging. In the picture below, notice the obvious differences. The flap lid of the bottle is on the other side. The color is different. The imprint of the product name below the sticker is the fake one. One thing we should all be aware of is, top brands wouldn’t sell a defective packaged product to the market.

Not only the product packaging but also the package in which the product is delivered is also a cause for concern. Luxury brands take care while packaging and delivering the product. They do not risk using flimsy packaging.

Ingredients

In one of the episodes of Keeping Up with the Kardashians, remember how Kylie busted some local shops selling her lipsticks which were fake and were of low quality? This not only causes skin problems because of the low-quality ingredients used but also a lot of loss to the company and it creates a sense of distrust in the minds of consumers.

Counterfeiting is not limited to cosmetics and garments but also unfortunately health supplements. In order to suffice the shortage of medicines, some companies launch medicines with a similar name, but different ingredients.  

 We tend to overlook the ingredients when we get used to a product. To find out if a product is fake or not, take a look at its ingredients. The original ingredients list can be found on their website and comparison is the most effective way to prevent buying counterfeit.

Logo 

Sometimes the placing of brand tags is unique for certain brands. For example, on men’s shirt pockets the brand logo will be on a specific side and of a specific size. Also, another minute detail that no one will ever notice is the difference in the Care Label of the real garment from the fake one.

Brand name (grammar/spelling mistake)

The font and spacing of the fake product is the real problem solver. 80-90% of the time, the fake products give away clues with regard to the font, spacing and color of the packaging and the product.

In 2012, when there was a shortage in Adderall Pills (medicine for people with ADHD and Hyperactivity). Suddenly, there was a huge influx of Adderall in the market but there were too many shortcomings that the counterfeiting was caught within a short span of time. The words “Singel Entity” were the cause of trouble. A simple spelling mistake or spacing is enough to distinguish between real and fake products.

 Trademark

Another easy way to distinguish between real and fake products is the Trademark. The tip-offs can be the color, font, design or the symbol“TM” can be missing. A lot of branded bags and clothes though they look similar, we can distinguish between real and fake as the knock-offs usually do not carry the trademark symbol for the fear of getting caught. Sometimes the fake products keep the trademark and alter the font of the product. 

The company prints several codes and patent information, which sometimes the fake product misses out on.

Manufacturer/ Seller Address

Sellers’ Addresses can be different in different countries. Certain agencies take up contracts from top brands to act as a middleman or sell their products in the country. It is important to know that luxury brands are made in their place of origin (Chanel- Italy). Sometimes in order to not get caught the fake products may not have the manufacturer/seller’s details imprinted on the product. This implies that there is no way for grievance redressal. 

Holograms/Certification Marks (sometimes):

BIS Hallmark is the first thing we look for to identify the purity of gold. Likewise, various certification marks enable us to identify the authenticity of the product. Some books have their unique stamp to ensure that the product is real. The downside of a hologram is that it can be tested only using special types of equipment. The ball is on the counterfeiter’s court as they are aware of how consumers identify the hologram. 

Designs

The most important clue is to know the design of the product. Each product has its distinguishable design. It can be known for its design- Travel-friendly, easy to use, disabled-friendly, etc. Recently Rare Beauty by Selena Gomez launched a variety of cosmetics products. The applicator of products was designed in such a way that people with arthritis can easily use it. 

Each bag and garment has its uniques qualities that distinguish them from others. Sabyasachi, Louis Vuitton, Chanel, etc are some of the brands with unique designs.

Cosmetic products can be tested out by the weariness, texture of the product and smell. Fake products usually have a strong scent to them because of the cheap strong toxins used to get pigmentation. Also, they do not glide onto the skin perfectly as original and appear tacky on the skin. Sometimes these products can also allergic reactions which can cause irreparable damage to the skin.

Fake websites

A slight change in the URL can land a consumer on the wrong website which will lead the consumer to think that they are buying from the authentic website. Recently fake websites with the same design, logo of major online shopping hubs such as Flipkart and Amazon are also on the run for phishing scams.                                                         

Not only does this harm the consumers but also other aspects such as economy, human rights of laborers, designers, inventors, artists, etc. Although domestic and International Intellectual Property laws safeguard, this doesn’t seem to end and contrarily increasing year by year.

 Since counterfeiting is an organized crime, people involved never reveal their illegal earnings thereby committing tax fraud. This idea inculcates in young minds to join black markets as it is an easy way of earning money. The law of the land is not stringent enough to dissuade them from doing such acts.

The influx in counterfeit goods can harm economic growth, dissuading inventors to create new inventions due to the rise of fake products, loss of foreign investments, and negative impact on brands. Other ill-effects of the production of fake products are, Labourers working for illegal black markets work endlessly in intolerable working conditions with minimum wage, disregard to environmental pollution (manufacturing fake products requires strong toxins and dyes which is detrimental to the environment), and no grievance redressal for customers.

Although there are laws that protect IP such as the Copyright Act, Trademark Act, Designs Act, Customs Act, Indian Penal Code, etc. all of this will be in vain if no action is taken by the appropriate authority. Various effective measures can be implemented on behalf of the government such as interaction with policymakers such as Governors and Ministers, Police officials- their lack of resources, lack of understanding of ground staff, insensitive to the seriousness of the problem, and urging industry and citizen to come forward, Custom Officials- to take action promptly on export and import of suspected items. 

Those consumers who are ready to buy counterfeit or knock-off products should bear in mind that they are indirectly supporting organized crime and those consumers who want to buy authentic products simple advice- “Caveat Emptor”.