Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


A Critical Study on Liability of Intermediaries for Copyright Infringement - Analysis of Indian and German Position

Author(s): Gururaj D. Devarhubli, Anjani Singh Tomar

 This article aims to throw light on the issue of intermediaries’ liability in cases of copyright infringement. As innovation and speed are considered the twin watchdogs of a knowledge-based economy the emergence of new technologies has allowed the users to disseminate information within seconds with a click of a button. On one hand, these technologies have been termed as ‘break-through’ but on the other hand have also called for a greater degree of enforcement through strengthening the legal mechanism. One of the most contentious yet unsettled issue is the liability of the intermediaries in the infringement of copyright through digital means. The problem has been addressed under legislations of several countries and has been resolved to some extent through judicial pronouncements. However, a universal and effective mechanism is yet to be done on the issue. In this backdrop, the article discusses the various circumstances in which intermediaries are held accountable for copyright infringement along with exemptions. It also compares the legal framework existing in India and Germany on Liability of intermediates.

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