Shift in Accountability of Intermediaries for Intellectual Property Violations: A Critical Analysis of Laws in the US, EU and India

摘要

The intermediary industry has made the infringement of intellectual property and its dissemination on the internet accessible. Countries have developed the doctrine of limited liability of intermediaries to protect intellectual property rights, implying a duty on intermediaries to take down the infringing material on attaining knowledge or getting the notice for taking down infringement. In recent times, the role of intermediaries has expanded from functioning passively to actively being involved in moderating the user-generated content on its platforms. This article focuses on determining the efficacy of safe harbours extended to intermediaries under the limited liability doctrine in the present context. A comparative analysis of laws of the US, EU and India suggests the need for revisiting the adequacy of the doctrine of limited liability of intermediaries in light of the expanded functions being performed by intermediaries.