India's meme marketing boom faces legal reckoning as copyright battles heat up
Mumbai: Remember when you casually shared the perfectly synced choreography of dance influencer Parveen Kumar Sharma on the viral hip-hop track 'Vartman'? While it feels like harmless fun, sharing such content can unknowingly step on copyright infringement.
India's meme marketing boom, where pages earn lakhs monthly promoting brands through witty, viral content, is built on a fragile foundation of widespread copyright violations, misinformation, and regulatory grey areas.
What started as a fun, low-cost way for brands to tap millions of young social media users has ballooned into a ₹3,000 crore industry by 2025, according to equity firm Equentis.
'When I started this page for fun in 12th standard in 2014, I never anticipated that it would become a lucrative business due to paid promotions," said Archit Madaan, founder of The Indian Sarcasm, a meme page turned marketing agency managing hundreds of pages.
Yet as meme pages replicate content, lift clips from popular shows without permission, and skirt advertising disclosure rules, they risk legal crackdowns, reputational damage, and spreading fake news.
Regulators and content owners, including makers of iconic shows like Taarak Mehta Ka Ooltah Chashmah, are fighting back through copyright enforcement and legal action, signalling that the meme economy's wild west days may be numbered.
Meme marketing: The business model
Meme pages, which began as casual, humorous posts, have now evolved into mini marketing agencies, offering brands a low-cost, high-impact way to reach millions of young social media users.
"Meme pages have become a convenient source of promotions for brands, offering a high return on investment due to lower cost with charges starting with ₹1,000 per story and typically ranging between ₹3, 000 ₹6,000 per post," said Madaan.
For brands, meme marketing is an affordable alternative to traditional advertising. For context, ₹5 lakh can deliver 10 million organic views, a reach that would typically cost far more on mainstream platforms, according to Madaan.
"Niche pages with over a million followers are able to earn up to ₹20 lakh per month in this industry. Leading meme pages get 3-4 brand promotions per day if they regularly post 20-25 content pieces daily," Madaan added.
Meme pages primarily generate revenue through advertising, including sponsored content and brand partnerships, as well as ad revenue from monetized videos. But as competition intensifies, content copying has become rampant.
"When we work with brands, they usually whitelist those posts so they appear on both the brand's and our page. However, due to overcrowding and high competition, other pages often repost the same content across different social media platforms, inviting copyright strikes from the brands," he added.
Copyright infringement: A growing legal flashpoint
Meme pages routinely use clips from popular shows, infringing on copyright and intellectual property (IP) laws, and sometimes even the personality rights of actors.
In August 2024, the Delhi High Court restrained unauthorized use of characters and content from Taarak Mehta Ka Ooltah Chashmah following a suit by Neela Film Productions, holders of the show's trademarks and copyrights.
'As makers of a brand spanning animation, games, merchandise, and gamified learning, we take copyright infringement seriously," said Asit Modi, managing director of Neela Film Productions.
While fan-made content is welcomed, monetizing clips or characters like Jethalal or Daya Ben without permission is not tolerated.
Mint reported earlier this week that user-generated content using copyrighted material does not attract legal action if it is not monetized. However, with copyright infringement rampant on social media, enforcement remains challenging. As a result, copyright holders often refrain from taking action unless significant financial losses are involved.
Read this | Music labels crack the whip as influencers flout copyright rules on social media
In addition to copyright violations, meme pages also risk infringing on personality rights, an individual's exclusive rights to control the commercial use of their unique traits such as name, likeness, image, and persona.
Indian celebrities like Anil Kapoor, Amitabh Bachchan, and Jackie Shroff have secured these rights to prevent unauthorized use of their personalities in advertising, merchandise, and digital content.
A representative for a Bollywood actor who has secured a personality trademark told Mint that they frequently request the removal of digital content profiting from the actor's videos on social media platforms.
"With AI-generated content on the rise, protecting the integrity of our brand is crucial, especially when inappropriate or vulgar depictions compromise our family-friendly values. We actively enforce our rights through copyright strikes and legal notices to safeguard our brand and ensure that our content remains respectful and enjoyable for audiences across all platforms," Modi added.
According to Neela Films' anti-piracy partner, approximately 10 million infringing links are taken down annually, 700,000 monthly, covering videos, games, and merchandise.
The misinformation risk
Meme pages are a favoured news source for many young Indians, but their influence carries the risk of misinformation and fake news.
Read this | Rise of legal influencers raises concerns over consequences of misleading advice, say partners of top law firms
"The meme industry is a powerful tool for disseminating information, leveraging its cultural relevance in the social media era. It predominantly appeals to younger audiences, often serving as their primary source for vital news and information," said Aditya Gurwara, cofounder of influencer marketing agency Qoruz.
However, this influence comes with a downside. 'Over the years, we have observed the rise of misinformation and fake news on these platforms as well. Given their extensive reach, it is imperative to recognize the power memes pose in shaping public perception," Gurwara said.
Lawyers point out that meme pages, while breaching Indian laws over other malpractices, also promote illegal products and services.
"Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media platforms are required to make reasonable efforts by themselves and ensure that its users do not publish or share misinformation or information which is patently false, untrue or misleading in nature," said Ishan Johri, partner at law firm Khaitan and Co.
"Further, the Bhartiya Nyaya Sanhita 2023 also penalises persons that make hate speech and circulate false information and rumours with the intent to cause fear or alarm to the public. Apart from copyright infringement and fake news, problematic practices include advertising of unlawful products or services embedded within meme content," Johri added.
Brands walking a legal tightrope
Brands have embraced memes for their viral potential and cultural relevance despite the risks.
Read this | Brand-influencer court battles set the boundaries for creators
'Brands are certainly aware of the reputational and legal risks associated with meme pages, particularly when it comes to copyright infringement. However, many still choose to engage, albeit carefully, because of the unique cultural relevance and viral potential these platforms offer. The key is rigorous vetting and clearly defined content guidelines," said Amiya Swarup, partner and marketing advisory leader at consulting firm EY.
The Advertisement Standards Council of India (ASCI) prescribes caution for brands working with meme pages, as they often don't declare paid partnerships.
Also read | Influencer marketing presents brands with its challenges, ROI biggest concern
'Major brands have successfully integrated memes into their marketing strategies, often generating millions of engagements. Such brand-owned or authorised communications qualify as advertisements under ASCI's framework and must comply with disclosure requirements," said Manisha Kapoor, secretary general of ASCI. 'This ensures transparency and helps consumers distinguish between organic content and paid promotions."
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Mumbai: Remember when you casually shared the perfectly synced choreography of dance influencer Parveen Kumar Sharma on the viral hip-hop track 'Vartman'? While it feels like harmless fun, sharing such content can unknowingly step on copyright infringement. India's meme marketing boom, where pages earn lakhs monthly promoting brands through witty, viral content, is built on a fragile foundation of widespread copyright violations, misinformation, and regulatory grey areas. What started as a fun, low-cost way for brands to tap millions of young social media users has ballooned into a ₹3,000 crore industry by 2025, according to equity firm Equentis. 'When I started this page for fun in 12th standard in 2014, I never anticipated that it would become a lucrative business due to paid promotions," said Archit Madaan, founder of The Indian Sarcasm, a meme page turned marketing agency managing hundreds of pages. Yet as meme pages replicate content, lift clips from popular shows without permission, and skirt advertising disclosure rules, they risk legal crackdowns, reputational damage, and spreading fake news. Regulators and content owners, including makers of iconic shows like Taarak Mehta Ka Ooltah Chashmah, are fighting back through copyright enforcement and legal action, signalling that the meme economy's wild west days may be numbered. Meme marketing: The business model Meme pages, which began as casual, humorous posts, have now evolved into mini marketing agencies, offering brands a low-cost, high-impact way to reach millions of young social media users. "Meme pages have become a convenient source of promotions for brands, offering a high return on investment due to lower cost with charges starting with ₹1,000 per story and typically ranging between ₹3, 000 ₹6,000 per post," said Madaan. For brands, meme marketing is an affordable alternative to traditional advertising. For context, ₹5 lakh can deliver 10 million organic views, a reach that would typically cost far more on mainstream platforms, according to Madaan. "Niche pages with over a million followers are able to earn up to ₹20 lakh per month in this industry. Leading meme pages get 3-4 brand promotions per day if they regularly post 20-25 content pieces daily," Madaan added. Meme pages primarily generate revenue through advertising, including sponsored content and brand partnerships, as well as ad revenue from monetized videos. But as competition intensifies, content copying has become rampant. "When we work with brands, they usually whitelist those posts so they appear on both the brand's and our page. However, due to overcrowding and high competition, other pages often repost the same content across different social media platforms, inviting copyright strikes from the brands," he added. Copyright infringement: A growing legal flashpoint Meme pages routinely use clips from popular shows, infringing on copyright and intellectual property (IP) laws, and sometimes even the personality rights of actors. In August 2024, the Delhi High Court restrained unauthorized use of characters and content from Taarak Mehta Ka Ooltah Chashmah following a suit by Neela Film Productions, holders of the show's trademarks and copyrights. 'As makers of a brand spanning animation, games, merchandise, and gamified learning, we take copyright infringement seriously," said Asit Modi, managing director of Neela Film Productions. While fan-made content is welcomed, monetizing clips or characters like Jethalal or Daya Ben without permission is not tolerated. Mint reported earlier this week that user-generated content using copyrighted material does not attract legal action if it is not monetized. However, with copyright infringement rampant on social media, enforcement remains challenging. As a result, copyright holders often refrain from taking action unless significant financial losses are involved. Read this | Music labels crack the whip as influencers flout copyright rules on social media In addition to copyright violations, meme pages also risk infringing on personality rights, an individual's exclusive rights to control the commercial use of their unique traits such as name, likeness, image, and persona. Indian celebrities like Anil Kapoor, Amitabh Bachchan, and Jackie Shroff have secured these rights to prevent unauthorized use of their personalities in advertising, merchandise, and digital content. A representative for a Bollywood actor who has secured a personality trademark told Mint that they frequently request the removal of digital content profiting from the actor's videos on social media platforms. "With AI-generated content on the rise, protecting the integrity of our brand is crucial, especially when inappropriate or vulgar depictions compromise our family-friendly values. We actively enforce our rights through copyright strikes and legal notices to safeguard our brand and ensure that our content remains respectful and enjoyable for audiences across all platforms," Modi added. According to Neela Films' anti-piracy partner, approximately 10 million infringing links are taken down annually, 700,000 monthly, covering videos, games, and merchandise. The misinformation risk Meme pages are a favoured news source for many young Indians, but their influence carries the risk of misinformation and fake news. Read this | Rise of legal influencers raises concerns over consequences of misleading advice, say partners of top law firms "The meme industry is a powerful tool for disseminating information, leveraging its cultural relevance in the social media era. It predominantly appeals to younger audiences, often serving as their primary source for vital news and information," said Aditya Gurwara, cofounder of influencer marketing agency Qoruz. However, this influence comes with a downside. 'Over the years, we have observed the rise of misinformation and fake news on these platforms as well. Given their extensive reach, it is imperative to recognize the power memes pose in shaping public perception," Gurwara said. Lawyers point out that meme pages, while breaching Indian laws over other malpractices, also promote illegal products and services. "Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, social media platforms are required to make reasonable efforts by themselves and ensure that its users do not publish or share misinformation or information which is patently false, untrue or misleading in nature," said Ishan Johri, partner at law firm Khaitan and Co. "Further, the Bhartiya Nyaya Sanhita 2023 also penalises persons that make hate speech and circulate false information and rumours with the intent to cause fear or alarm to the public. Apart from copyright infringement and fake news, problematic practices include advertising of unlawful products or services embedded within meme content," Johri added. Brands walking a legal tightrope Brands have embraced memes for their viral potential and cultural relevance despite the risks. Read this | Brand-influencer court battles set the boundaries for creators 'Brands are certainly aware of the reputational and legal risks associated with meme pages, particularly when it comes to copyright infringement. However, many still choose to engage, albeit carefully, because of the unique cultural relevance and viral potential these platforms offer. The key is rigorous vetting and clearly defined content guidelines," said Amiya Swarup, partner and marketing advisory leader at consulting firm EY. The Advertisement Standards Council of India (ASCI) prescribes caution for brands working with meme pages, as they often don't declare paid partnerships. Also read | Influencer marketing presents brands with its challenges, ROI biggest concern 'Major brands have successfully integrated memes into their marketing strategies, often generating millions of engagements. Such brand-owned or authorised communications qualify as advertisements under ASCI's framework and must comply with disclosure requirements," said Manisha Kapoor, secretary general of ASCI. 'This ensures transparency and helps consumers distinguish between organic content and paid promotions."
