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Information Technology Act,2000. The Information Technology Act of 2000 [hereinafter referred to as the “IT Act”] regulates the intermediaries or Internet Service Providers (ISPs) involved. Copyright owners, on the other hand, are barred from exercising their copyrightlaw rights.
On 15 December 2020, the European Commission submitted a proposal for a Regulation on a Single Market For Digital Services (Digital Services Act, DSA) and amending Directive 2000/31/EC. Against this background, the European Copyright Society (ECS) issued on 17 January 2021 a comment on “Copyright and the Digital Services Act”.
Indian courts, for the longest time, followed the doctrine of “sweat of brow”, upholding the belief that a work requires only duediligence and effort, rather than originality and creativity in order to be granted copyright protection. Copyright Act or Design Act? What is the Indian take on originality v. creativity?
13] It has specifically mentioned provisions about the mandate of exercising duediligence and caution while detecting such shams. Image Sources: Shutterstock] Additionally, the IT Act of 2000 also has provisions for intermediaries and ascertains liability on them. 21, Acts of Parliament, 2000 (India). 379 (2022). [6]
Although cloud offerings are often global and multi-jurisdictional, the IP laws governing services generally remain territorial and national. Copyrightlaws, for instance, vary from jurisdiction to jurisdiction. What constitutes copyright infringement in one country may not be in another. Thus, in Tiffany(NJ) Inc.
Under the “discovery rule,” the limitations period begins to run when “the plaintiff discovers, or with duediligence should have discovered, the injury that forms the basis for the claim.” 549, 555 (2000). This Court could clarify that and do good in providing uniform administration of copyrightlaw.
Media and entertainment law, which is a part of intellectual property law, plays a vital role in dealing with these issues by defending the rights of artists, producers, and distributors. Image Sources: Shutterstock] As one can see, the ambit of the IT Act 2000 has been expanded under the 2021 Rules that enforce new criteria.
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