Framing the debate: what is the scope of liability?


Nishchal Anand and Aditya Gupta

Indian courts have issued much-needed clarification on the liability of websites that link to or frame copyright infringing material. Nishchal Anand and Aditya Gupta explain.

The crime scene: a murder has taken place. The accused is arrested. The weapon retrieved is a gun. The gun is licensed in John’s name. John has been ‘linked’ to the crime scene. However, had the gun been found in John’s possession, John would have been ‘framed’ in the crime scene.

In this article we will discuss the concepts of ‘linking’ and ‘framing’, as well as the liability for linking or framing infringing content, not in the setting of a crime scene but in the context of infringement over the Internet.

What is linking?

linking, framing, India, Delhi High Court, copyright infringement