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Title: Internet Intermediary (ISP) Liability for Contributory Copyright Infringement in USA and India: Lack of Uniformity as a Trade Barrier
Authors: Kumar, Aakanksha
Keywords: ISP;Internet intermediary;Secondary infringement;Safe harbour;DMCA;Notice and take down;Red-flag
Issue Date: Jul-2014
Publisher: NISCAIR-CSIR, India
Abstract: With the internet today transcending all national boundaries, the protection of IP and penalising its infringement over the ‘world-wide-web’ has become even more difficult, given the territorial nature of the grant of the intellectual property right. Moreover, while hosting, routing, and linking to these ‘infringing material harbouring’ - sites or services, internet service providers (ISPs) themselves become vulnerable to charges of copyright infringement. The law in the US has since long, been very strict against ISPs for contributory/ secondary copyright infringement. However, India has only recently enacted a legal provision dealing with ISPs. The lack of it has been one of the main reasons for delay in the Indo-US free trade agreement. Although, India has not ratified the WIPO internet treaties, and hence not obligated to have an enforceable ISP liability law, India’s 2012 Copyright Amendment Act read together with Sections 79 and 81 of the Information Technology Act and the May 2011 Guidelines for Internet Intermediaries constitute comprehensive legal provisions to fix ISP liability. This paper seeks to highlight the salient features of the ISP liability laws in India and the US and discuss how, even with the new law, differences still remain, leading to continued trade-relation barriers.
Page(s): 272-281
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.19(4) [July 2014]

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