Intermediary liability for online copyright infringement in India: a trans-judicial dialogue

Setia, Sunidhi, Narang, Samanvi and Salman, Suhaib (2024) Intermediary liability for online copyright infringement in India: a trans-judicial dialogue. International Journal of Intellectual Property Management, 14 (1). ISSN 1478-9647 | 1478-9655

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With the internet becoming a vital part of our day-to-day life and the enormous opportunities that it creates, its use and abuse also bring new challenges every day. The development of the internet not only enables access to quality information and data in seconds but also leads to economic issues due to mammoth intellectual property infringements. The authors in this work focus on the burgeoning intermediary liability for copyright infringement in the USA, and European Union with a brief discussion on laws in BRICS countries and Japan. Subsequently, the authors make a clear contrast in the approach of the judiciary to deal with such issues in India. Advocating a balanced mechanism to deal with copyright infringement on the internet, the authors suggest a harmonised international framework like the 'notice and take down'/'safe harbour' mechanism to limit the liability based on intermediaries' knowledge/awareness of the unauthorised communication and reproduction

Item Type: Article
Keywords: Intermediary liability | Safe harbour | Infringement | Intellectual property | Internet | Copyright | Actual knowledge | Notice and take down | India
Subjects: Physical, Life and Health Sciences > Computer Science
Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 24 Jan 2024 06:12
Last Modified: 24 Jan 2024 06:12
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