Legal Question in Intellectual Property in India

A Website is an Intermediate Service Provider as per the Information Technology Act. You need to have a strong Service Terms of User, Privacy Policy & Disclaimer posted on your website, so as to caution the users not post anything that may cause copyright infringement, or abusive, or obscene, or targeting any particular person to impeach his character.

Such Terms of User, Disclaimer will protect you form any remote threat if any user publishes any copyright material on your website.

At the same time, under the IT Rules, if any person contact you to remove a particular content on website which eh claims to be his copyright property, then you are suppose to act thereupon, after verifying the genuiness of the claim, and if you fail to do so, then irrespective of Terms of User or Disclaimer you will be guilty.

Should you require any assistance, or have any further, then please feel free to contact.

Vivek N Mapara

vnmlaws.com

Normally any web site contains Terms of use/ User Agreement, Privacy Policy and Disclaimers etc. In these you must have a clause to protect yourself from the contents posted by the User. Unless and otherwise there is no such clause, then for the contents posted in the Web site you are also responsible. In case some body even agreeing the terms, policy, disclaimers etc. containing/ not containing such a clause, You have the authority to delete the same content if the content violate the privacy of any third party, copyright, etc. or defame any third party. If the thid party so affected request for deleting the same, you shall honour such request and you are protected from these acts.