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A Critical Analysis Of The Safe Habour Provisions Protecting ISPs From Copyright Infringement

A Critical Analysis Of The Safe Habour Provisions Protecting Internet Service Providers From Copyright Infringement




Priyal Dedhia, LL.M, School of Law, Christ (Deemed to be University), Bangalore

ABSTRACT

With the development of the internet, cyberspace has stretched its tentacles across the world, bringing with it a highly contentious issue. Despite the many benefits of this extremely useful matrix, the Internet could pose a threat to the knowledge that the original creator of the work imparted, which emphasizes the significance of copyright protection for those original works. In light of the considerable risk to the protection of copyrighted works on social media platforms, the extent of Internet service providers' (ISPs') responsibility has emerged as a crucial topic for legislators worldwide. This paper's goal is to give a thorough examination of the current legislative methods to copyright protection in India on the internet and to point out any weaknesses in the current legal system. The study also advises adopting several strategies, such as notice takedown procedures, putting into place standard technical measures, etc., to ensure a clear and precise safe harbor protection for the ISPs in India. To clear the suffocating air of crucial issues relating to copyright holders' interests in the digital world and the balance between ISP liability and protection of copyrighted works, specific laws and procedures should also be framed. The objective of this research is to give a thorough understanding of the legislations in place with regards to the protection of copyright on the digital platform and to understand the issues faced on the internet with regards to the protection of the copyrighted works on the internet and the liability of the internet service providers with regards to the protection of the copyrighted works.

Keywords: Copyright Act, Internet Service Providers, Information Technology Act.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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