copyright owners. This was also noted by the ld. Division Bench of
this court in My Space Inc. v. Super Cassettes Industries Ltd.,
(2017) 236 DLT 478 (DB). The Court therein held as under:
“47. In this Court's opinion, Section 79 grants a
measured privilege to an intermediary. However,
that would not mean that the rights guaranteed
under the Copyright Act are in any manner
curtailed. All Section 79 does is regulates the
liability in respect of intermediaries while the
Copyright Act grants and controls rights of a
copyright owner. Under the circumstances, it is
difficult to conceive how one would pose a barrier
in the applicability of the other. The true intent of
Section 79 is to ensure that in terms of globally
accepted standards of intermediary liabilities and
to further digital trade and economy, an
intermediary is granted certain protections.
Section 79 is neither an enforcement provision
nor does it list out any penal consequences for
non-compliance. It sets up a scheme where
intermediaries have to follow certain minimum
standards to avoid liability; it provides for an
affirmative defence and not a blanket immunity
from liability.”
(vi) As held in Myspace (supra), the intermediary is to be granted safe
harbour, so long as it complies with the requirements of law. In the
present case, the infringement has to be nipped in the bud, without
which Courts would have to continue to repeatedly pass injunction
orders against mushrooming channels containing infringing
content. The Court cannot perpetually supervise such infringements
and, thus, the origin and source of the infringing material has to be
traced and such devices or persons involved in the infringement
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 40 of 51
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