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Friday, February 14, 2014

Preetisingh Pardeshi (Advocate)

Preetisingh Pardeshi (Advocate)

Protection Of Copyright In The Digital Age The Role And Liabilities Of ISPs In India

Protection Of Copyright In The Digital Age The Role And Liabilities Of ISPs In India
This essay identifies the need to incorporate legislation to protect copyrights
in the digital age, with specific emphasis on the liability of Internet Service
Providers (ISP’s) in India. The paper discusses the laws related to ISPs, one of
the most important entities of online copyright protection. Although a number of
countries have now specific laws in place to tackle the stated issue, the law in
India on this matter is to say the least, vague and outdated. Although this
question has come up before the courts, no lawsuit has been decided in India on
this issue as of yet, making it all the more important for updated laws to be
incorporated in our legal system. The laws regarding ISP liability in the USA
and the European Union have also been examined and their significance has been
highlighted, specifically in the Indian context. The scope of existing Indian
laws has been studied in this regard, principally the Copyright Act and the
Information Technology Act. In the conclusion, several key suggestions have been
presented on how to include within the law, scope for able legislation regarding
ISP liability in cases of online copyright infringement, as it is an issue which
inevitably is bound to assume a significant role in the near future.