FAIR USE IN THE SOCIAL MEDIA ERA : INFLUENCER CULTURE,USER GENERATED CONTENT AND COPYRIGHT EVOLUTION

The proliferation of social media platforms has fundamentally reconfigured the terrain of copyright law, placing the doctrine of fair use under unprecedented scrutiny. As millions of content creators , from professional influencers to casual users , routinely incorporate copyrighted music, images, clips, and text into their creative output, the boundaries of permissible use have become contested and ambiguous. This paper examines the intersection of fair use doctrine with the influencer economy and user-generated content (UGC), tracing the evolution of copyright principles from their common law origins through their application in contemporary digital environments. Drawing upon landmark judicial decisions, comparative legislative frameworks across the United States, India, and the United Kingdom, and the operational realities of platform-based enforcement mechanisms, this paper argues that existing fair use doctrine is structurally ill-equipped to address the scale, speed, and transformative nature of social media content. It advocates for a calibrated doctrinal recalibration , one that preserves the constitutional purposes of copyright while accommodating the participatory ethos of the digital age.
Keywords: Fair use, copyright, social media, influencer culture, user-generated content, DMCA, transformative use, platform liability.