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Title: The Scope of Online Service Providers’ Liability for Copyright Infringing Third Party Content under the Indian Laws – The Road Ahead
Authors: Gupta, Aditya
Keywords: Information Technology (Amendment) Act, 2008
intermediaries
Online Service Provider
opyright infringement
authorization of infringement
Issue Date: Jan-2010
Publisher: CSIR
Abstract:  The issue of liability of online service providers (OSPs) for third party content is one of the most contentious issues in the realm of cyber law. Different jurisdictions around the world have dealt with the issue either through legislative provisions or judicial pronouncements. Until recently, the legal position in India was nebulous and vague especially with respect to liability for copyright infringing third party content. The Information Technology (Amendment) Act, 2008 has significantly clarified the scope of immunities available to intermediaries. Unlike the immunities under the old IT Act, these immunities are not only available with respect to offences under the IT Act, 2000 but even for the liabilities arising under any law. The object of this paper is to extensively examine applicability and scope of such immunities, by comparatively analysing them with similar provisions in the United States and the European Union. This paper further examines the scope of OSPs liability under the Copyright Act, 1957 under three heads viz. direct liability, secondary liability and criminal liability. The potency of the argument that OSP authorize infringement has been examined by the courts in the UK, Canada and Australia. This paper examines accuracy of the argument and its applicability in the Indian context. The paper concludes with an overview of the position likely to emerge under the Indian law.
Page(s): 35-45
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.15(1) [January 2010]

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