P.

PRASHANNA GURUPARAN

BA0150032

CYBER LAW

PROJECT SYNOPSIS

A STUDY ON COPYRIGHT INFRINGEMENT IN CYBERSPACE WITH

SPECIAL REFERENCE TO THE LIABILITY OF THE INTERNET
SERVICE PROVIDER

Abstract:-

The significance of Information Technology is that it has grown more rapidly than
any other modes of communication provided that its influence on humankind is phenomenal.
The invention of computer has made fax, television, and telephone and other erstwhile
technologies go out of a use. The convergence of the unceasing rapid innovation and
evolution of a number of vital technologies and broadcast media, media and computer
publishing has resulted in many legal disputes. Copyright is the most complicated area of the
cyber law facing a greater challenge. According to the copyright law of 1957, copyright is a
negative monopoly right1 that allows the author of the work to prevent others from exercising
that right that has been conferred on him. An author is an exclusive owner of what he creates.
Any person making use of such copyrighted property without the author’s permission would
be considered to have committed an infringement.

In this project the researcher would like to throw light on the concept of copyright
infringement in cyber space. There are three theories regarding liability for copyright
infringement- direct, vicarious and contributory liability. When the exclusive right of the
owner of the copyright is violated by an individual or person then such kind is categorised as
direct infringement. Vicarious infringement is when a person fails to avert infringement, even
when he has the right to stop such event from happening and eventually gets benefitted.

1
Deepak Printings v/s Forward Stationary mart (1981) PTC 186 at P 189
These both theories have nothing to do with mens rea or mental state as these both are based
on the principle strict liability. The contributory infringement is where the person is a
participant to the happening of the infringement and has actual knowledge of the event. This
is where the question arises as to where the internet service providers stand in relation to
liability of copyright infringement.

The researcher would give a brief explanation regarding the phenomenon of copyright
infringement and would focus on the question of liability of Internet Service Provider related
to copyright infringement in cyberspace along with mention of related case laws and statutes.

Keywords:- contributory infringement, intermediaries, immunity, infringing material,

representation, due diligence.

Research question:-

1. If the internet service provider can be held liable for copyright infringement under the
Information Technology Act 2000?
2. Whether the Indian cyber space is in need of a separate statute like the Digital
Millennium Copyright Act (DMCA) for protection of copyrights?

Research Objective:-

1. To study about the problem of copyright infringement in cyberspace.

2. To discuss the liability of internet service providers for infringement.
3. To study about the effectiveness of the legal statutes governing the copyright
infringement.

Review of literature:-

1. James Boyle, The Public Domain, Yale University Press, edition 1 (December 9,
2008)
James Boyle says that it is essential for every citizen to know about the Public
Domain and copyright, as one does about the environment or civil rights. Boyle
informs the reader that, the realm of free speech, creativity and innovation has
become dangerously unbalanced due to extended intellectual property rights.

2. Richard Stallman, Free Software, Free Society, Free Software Foundation, Inc.; 2nd
Edition (December 27, 2010)
 This book is authored by the father of the free software movement himself. Also
worthy mention that he sure was the one who pioneered the prevalent concepts copy
left and free software licenses. He is of the view that copyright restrictions are
actually handcuffs to the users as free software actually acts as a tool for establishing
social justice in the community.
3. Dinwoodie, Graeme B, Secondary Liability of Internet Service Providers,
Springer International Publishing, Volume 25, 2017
This book analyses the doctrinal structure and content of secondary liability rules that
hold Internet service providers responsible for the conduct of others, including the
safe ports (or immunities) they can benefit from, and the range of remedies they can
be guaranteed against such suppliers.

List of readings:-

1. Kumar Aakanksha, Internet Intermediary (ISP) Liability for Contributory

Copyright Infringement in USA and India: Lack of Uniformity as a Trade
Barrier, Journal of Intellectual Property Rights Volume 19, July 2014, pg.no 272-
281.
2. Farnaz Saadat, Mohammed soltanifar, The role of ISP in encouraging customers to
use their internet services in Iran, International Journal Of Business And Social
Science, Volume 5 No 3 March 2014.
3. Singh Devika, Blacklisting blacklists: The Information Technology Amendment
Act, 2008 and ISP driven content filtering, India Law Journal, 2(4) (2009).

Legal Materials:-

1. Information Technology Act 2000

2. Copyright Act 1957
3. Digital Millennium Copyright Act 1998

Case laws:-

1. Playboy enterprises Inc v Frena, 839 F Supp 1552 (MD Fla 1993)
2. Playboy Enterprises Inc v. Web World Inc. ,986 F Supp 1171 (ND tax 1997)
3. Religious Technology Center v. Netcom Online Communication Services, Inc., 907
F.Supp. 1361 (N.D. Cal. 1995)