This write-up examines the copyright infringement claim made by t-series against ROPOSO in the light of the right of an intermediary and the concept of Safe Harbour Protection. It also analyses the liability of an intermediary with the help of conflicting decisions.
The article emphasizes the need of uninterrupted online education which is the need of time during Covid 19 crisis. It also highlights the need to make changes in the existing law which shall provide protection to the copyright holders who may be the original holders in this mode of online education.
The article is an attempt to highlight the loophole in the existing provisions establishing copyright infringement a cognizable offence. It doing so it explains the meaning of Copyright infringement, Cognizable offence and Non-cognizable offence. The article throws light on the conflicting decisions of the various High Courts of India on the same and thus emphasizes the need to remove these ambiguities in the existing Copyright Infringement Law in India.
The article highlights the contravention of the existing Copyright Law by free distribution of E-Newspapers. In doing so it discusses the relevant case laws and also emphasizes on the importance of user agreements clearly stating the terms and conditions to protect copyrights of the news agencies.
This paper is an indebt analysis of the perspective of Indian Judiciary on considering Pandemic within the ambit of ‘Force Majeure Clause in Contract’ with the help of the study of the Case- MEP Infrastructure Developers Limited v. South Delhi Municipal Corporation. This paper also makes an attempt to analyses the after effects of this changing decision.