Delhi High Court | 2016 SCC OnLine Del 6382
Background
Super Cassettes Industries, a music company, alleged that users of the social media platform Myspace were uploading copyrighted music without authorisation. The platform claimed protection as an intermediary under the Information Technology Act, 2000.
The case raised questions about intermediary liability for copyright infringement in the digital environment.
Issues for Determination
- Whether online platforms can be held liable for user-uploaded infringing content
- Scope and limits of intermediary safe harbour protection
- Whether actual knowledge of infringement triggers liability
Key Holding of the Court
The Delhi High Court held that intermediaries are entitled to safe harbour protection only if they act upon receiving actual knowledge of infringement. Once notified, failure to take down infringing content results in loss of protection.
The Court emphasised that copyright law applies fully in the digital space and that intermediaries cannot remain passive when infringement is brought to their notice.
Statutory Provisions Involved
- Copyright Act, 1957
- Information Technology Act, 2000 – Intermediary liability provisions
Doctrinal Significance
This judgment is a landmark decision on digital copyright enforcement in India. It balanced the interests of copyright owners with the role of online intermediaries and shaped the notice-and-takedown framework.
It continues to influence disputes involving social media platforms, video-sharing websites, and online marketplaces.