Super Cassettes Industries Ltd. v. MySpace Inc.

ABSTRACT Usage of the internet has been on the surge in recent times. It’s convenient, quick and time saving. There are multiple websites, applications of the internet that make our experience even more enhanced. We have applications like Instagram, YouTube, Facebook etc that provide a medium through which users can connect with the rest of the world via posting content, react to certain content and create a creative and interactive environment around them. However, with the rise of internet platforms and considering how stringent Copyrights and Intellectual Property right laws have become, availability of copyright infringed content has also been on the rise. This specific case is regarding copyright infringement and intermediary liability and using the defence of safe harbour under the IT Act.
The appellant Super Cassettes Industries Limited (herein after referred to as ‘SCIL’) now famously known as T-series has been known for recording, publishing and distribution of songs in the Indian entertainment industry to the general audience of the country. The defendants, Myspace Inc. was a US based platform where all the users upload content in order to attract audiences and expand the user and viewer base of their content. The appellant has filed the case under section 51(i)(a) and section 51(ii)(a) of the Copyright Act, 1957.
The major issue that was discussed in the case was of actual knowledge of infringement vs general awareness and the whether intermediaries could exercise the safe harbour defence in situations where they take all necessary steps post knowledge of infringement and take down the problematic content.
This case analysis follows a doctrinal approach where the case has been critically through multiple sources to understand the facts, issues and the judgement of the aforementioned case in a detailed manner for a deeper understanding.