Swiping Right on Copyright: Dating Apps and the Challenge of User-Generated Content

Dating apps such as Tinder, Bumble, Hinge, and India’s very own TrulyMadly or Aisle are no longer fringe platforms. These platforms are mainstream spaces where millions of people present curated versions of themselves through photos, bios, music playlists, and increasingly, memes and GIFs. These small elements — often borrowed from popular culture — shape first impressions and drive engagement.

But this reliance on cultural material raises important legal questions. Much of what is uploaded or displayed on dating apps is copyrighted. Whether it is a song clip integrated from Spotify, a film quote turned into a bio, or a meme recycled from Twitter, the line between personal expression and copyright infringement becomes blurred. This article explores that tension and asks how copyright law should respond.

The Crisis

User-generated content is the heart of dating apps. Yet, it is also where most copyright issues arise. Profiles often contain:

• Photos that are not always taken by the user; often lifted from social media or, in more troubling cases, of someone else entirely.
• Memes and GIFs that are widely shared, remixed, and re-captioned, but still derived from copyrighted works.(On memes and copyright, see Texas Law Review, 2019)
• Music through Spotify or YouTube integrations that let people use licensed works on their profiles. (Tinder x Spotify Partnership)
• Quotations or Excerpts from novels, films, or songs, reproduced without attribution.

In practice, these works are displayed to a wide audience of strangers. They are not private uses, but public communications. While most users see this as harmless, copyright law does not always share the same view.

The Legal Position

Across jurisdictions, copyright grants authors exclusive rights of reproduction, adaptation, and communication to the public. Dating app use can implicate all three.

• In the United States, the Digital Millennium Copyright Act (DMCA) provides safe harbour to platforms if they respond promptly to takedown requests. Still, courts have cautioned that platforms cannot turn a blind eye to large-scale infringement, as in Viacom v. YouTube.
• In the European Union, Article 17 of the DSM Directive requires platforms to secure licenses or risk liability for infringing uploads, placing them under greater obligations than U.S. law.
• In India, the Copyright Act, 1957, read with the IT Act, 2000, creates intermediary liability. Platforms are generally protected, but lose that protection if they fail to remove infringing content once notified.

No law creates a special exemption for dating apps. They are treated like any other digital intermediaries.

Memes, Music, and the UGC Dilemma

Scholars have long debated how memes fit into copyright. Memes spread by rapid imitation and mutation, often becoming far removed from their original form. Some argue they should not attract strong copyright protection, while others insist that the original creative work remains protected (Matalon, 2019).

On dating apps, memes are often used for humour or personality display. That makes them central to user experience, but still legally precarious.

Music integration raises another concern. When a user adds a licensed song to their profile, who bears responsibility for securing the rights? Larger platforms may rely on agreements with music services like Spotify, but smaller apps often lack such arrangements, leaving uncertainty about compliance.

User-generated content can be understood on a spectrum (Gervais, 2009):

• User-authored (original, created by the user).
• User-derived (transformative remixes or adaptations).
• User-copied (direct duplication of existing works).

Dating apps host all three. The first raises few issues, but the second and third categories — especially straightforward copying — are most problematic.

The Scale of the Issue

With tens of millions of users worldwide, dating apps generate billions of interactions daily. Each meme uploaded, each song integrated, and each image displayed could, in principle, implicate copyright rights. The platforms earn substantial revenue through subscriptions and advertising (Bumble IPO filing, 2021). Yet, the underlying creators of the cultural material being reused rarely see any compensation.

Policy Considerations

The challenge is one of balance. On one hand, excessive enforcement could strip dating apps of the very humour and cultural resonance that make them appealing. On the other, complete disregard for copyright undermines creators and allows platforms to profit from uncompensated works.

The law has traditionally struggled with this balance. User-generated content is not new, but its scale in the digital age is unprecedented. Dating apps are simply the latest space where this conflict plays out.

Global Lessons

Other platforms have taken steps towards solutions. YouTube developed Content ID to identify infringing material and share revenue. TikTok has entered licensing agreements with major record labels to legitimize viral trends. Churches worldwide subscribe to collective licensing systems such as Christian Copyright Licensing International (CCLI) to cover public performances of worship songs.

A similar model could be considered for dating apps: bulk licensing arrangements with collecting societies, supported by basic filtering technologies and clearer guidelines for users.

A Way Forward

To address the copyright challenges of dating apps, several steps are possible:

1. Licensing: Platforms should explore structured licensing for music, images, and even popular meme formats.
2. Guidelines: Users should be informed, in simple terms, about what they can and cannot upload.
3. Technology: Automated systems, while imperfect, can help flag clearly infringing material.
4. Collective action: Industry associations or collecting societies could negotiate on behalf of creators, as has been done for DJs, broadcasters, and churches.

These measures would not eliminate every infringement but would create a more consistent and fairer framework.

Conclusion

Dating apps have evolved as important cultural spaces, but their reliance on copyrighted works raises real legal questions. Current laws already provide protection for creators; what is lacking is structured practice in this specific context.

Rather than ignoring the issue, platforms should take proactive steps to integrate licensing and user education into their systems. This would protect creators, reduce liability risks, and strengthen the credibility of dating apps as responsible intermediaries.

In the long run, ensuring that creativity is respected on these platforms is not just a matter of compliance — it is about sustaining the cultural resources that make digital interaction meaningful in the first place.

Authored by: Ms. Melissa Panda