MySpace Inc. is a platform where users can upload and share content like music and videos. They earn mainly from ads based on user-entered keywords. Users must agree not to upload copyrighted material. Super Cassettes Industries Ltd. (SCIL), India's largest music company, sued MySpace for allowing users to share SCIL's copyrighted songs without permission.
In 2012, the Delhi High Court found MySpace liable for copyright infringement, even without direct knowledge. In 2016, the appellate bench clarified that for internet platforms, liability under the Copyright Act's section 51(a)(ii) requires actual knowledge, not just awareness. They also reinforced the safe harbor protection of IT Act section 79, relieving MySpace from pre-screening user content.
Section 51 of the Copyright Act defines infringement, stating unauthorized actions violate copyright unless exempted. Section 79 of the IT Act shields intermediaries under certain conditions. Section 81 ensures IT Act provisions prevail over conflicting laws.
The 2016 ruling clarified that MySpace needed actual knowledge of infringement for liability. This decision balanced intermediary liability and copyright protection. It required SCIL to list infringed works, and MySpace had to document removed content and benefits gained from ads.
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