Can ISP send legal notice for copyright infrindgement

793 votes

Hi,

From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts.
Thanks and regards

Advocate Ganesh Singh LawRato

790 votes

Read Fair Use Provisions Introduced by the Copyright (Amendment) Act, 2012 & The Information Technology Act, 2000, read with certain recently framed guidelines provides for a duty that could be thrust upon even “mere conduit” ISPs to disable access to copyrighted works, also cover it with Primary and Secondary Infringement , times shifting concept, and before sending legal notice you have to make sure you lhe has infringe copyright, because every country have different rules on ISP and DMAC rules don't apply in india and might fire back.

Of Course yes there is way out and process on how you can send the notice, this question is complex your question can't answer because we need to see your work model and client business origin etc. Let's put it simple way its high ending consultancy which cannot be done on email and for free. I am sure very few people in india know the answer, the one know the answer work with tier 1 law firm company and if you can afford their service please go and meet them or book consulting package with law rato to meet us. Good luck

Advocate Nischal Arvind Singh LawRato

653 votes

Friend,
First you must know that you need to locate the infringement.This infringement should/can be located under instructions/POA from your client.Then you need to establish infringement.Next legal notice should be sent to the infringing party although it is not mandatory.ISP's have no need to locate or to send notice to any inf ringer.Such order needs to be obtained from the court having jurisdiction.There is no such law that ISP's must search and destroy such sites although they must desist from hosting any such material which they know as inf ringers.They will not disclose any information which is confidential unless ordered by the court. We specialize in all such operations.You can outsource all such requirements to us.

Advocate Rishi Kulshresth LawRato

784 votes

Yes. It is not uncommon of Internet Service Providers sending legal notices of copyright infringements to parties who involved in copyright violations and cyber offences. ISP are very much eligible and entitled to send notices and also give addresses to infringement firm so as to prevent further violations and infringements. No, there is no law which necessitates ISPs to send such notices and it is possible to trace the address of the users through IP address of the computer or other communication devices if the consumers of ISPs infringe copyright.

LawRato LawRato