Cyber Laws: Liability for Infringement of Copyright

Information Technology is one of the fastest growing industries in India, with the Internet completely revolutionizing the way we get information. However, regardless of the positives, the Internet is serving as a breeding ground for cyber crimes. One of the menacing problems spurred by the Internet growth is the infringement of copyright. Copyright infringement or copyright violation is the unauthorized use of works that are exclusive rights of the original copyright holder.

Infringement of Copyright: Theories of Liability for Internet Service Providers

One of the main threats faced by a copyright holder these days is online piracy. The liability for copyright infringement is based on the three principles:

• Direct Infringement: When the exclusive rights of a copyright holder are violated by another person, it is direct infringement.
• Vicarious Liability: When a person with the ability and right to prevent an infringement fails to do so (mainly because of the benefits derived), it is vicarious liability.
• Contributory Liability: When a person or party contributes to or induces an infringement activity carried out by another, it is contributory liability.

There have been arguments in the past pertaining to the liability of a service provider in the infringement of copyright, as it is they who connect users to the Internet. While a segment proposes that service providers be the inspectors or supervisors of information flow on the Internet, another group suggests that a service provider be held accountable for negligence in cases where the provider was aware of infringement of copyright.

However, the standards for liability of a service provider can be fixed only when the role, position, authority and limitations of a service provider are clearly understood.