Laws Of .com

YouTube Served with Court Order from India

The Delhi High Court in India recently issued an order prohibiting YouTube’s Indian website from disseminating the copyrighted content of Super Cassettes Industries Ltd. (“SCIL”), one of India’s biggest record and video labels. SCIL’s suit, the first such legal action by an Indian company against YouTube, claimed that YouTube was carrying videos of songs and films belonging to SCIL. SCIL argued that YouTube’s business model allows, encourages and profits from the use of such copyrighted material and fails to effectively obtain the proper license or permission from the rightful copyright owners.

Some observe that while YouTube does not actively control the content posted by its users, the website includes community guidelines telling users that they must own or have permission from copyright holders in order to upload any video content. The website further sets out a process for copyright holders to request removal of infringing content. Copyright holders must provide certain materials to YouTube, who will review such materials and promptly remove infringing content if the copyright holder’s request is validated.

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