(1) The protection provided to intermediaries under Section 79 of the Information Technology Act (see below) is not available for offences under the Copyright Act of 1957 as amended by the Copyright (Amendment) Act of 2012.
(2) The Copyright Act was amended by the Copyright Amendment Act of 2012 and contains some provisions affecting the intermediaries. Section 52(b) of the act provides that transient or incidental storage of a work made in the technical process of electronic transmission or communication to the public shall not constitute copyright infringement. Further, Section 52(c) stipulates that transient and incidental storage of a work for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right holder, shall not constitute infringement, unless the intermediary has reasonable grounds for believing that such storage is of an infringing copy.
(3) However, the proviso to Section 52(1)(c) creates a notice and takedown procedure as it lays down that when a person responsible for storage (intermediary) gets a written notice from a rights holder claiming the storage to be infringement copyright, then it shall disable access for a period of 21 days; and if the right holder desires the takedown to stay beyond 21 days, then he must obtain a court order. Although, in case the rights holder fails to get a court order within twenty one days then the access can be restored. The procedure for notice and takedown is provided by Rule 75 of the Copyright Rules of 2013.
Topic, claim, or defense
Type of service provider
General or Non-Specified
Trigger for OSP obligations
Limitation on Scope of Compliance (Geographic, Temporal, etc.)
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)
Takedown/Act Upon Court Order