Amazon Cites IT Act in Ravi Belagere Book Copyright Case Before Karnataka HC

E-commerce company Amazon has told the Karnataka High Court that it cannot be held liable for alleged copyright violations committed by independent sellers, in connection with an FIR registered at the Subramanyapura Police Station in Bengaluru.

The criminal case originated from a complaint filed by Bhavana Belagere, daughter of the late journalist Ravi Belagere. She asserted copyright ownership over the novel 'Heli Hogu Kaarana' and alleged that unauthorised copies of the book were being sold online.

The FIR registered by the police invokes Section 51(1)(b) and Section 63 of the Copyright Act, 1957, which pertain to copyright infringement and penal consequences. While e-commerce platforms Meesho and Flipkart were also named in the FIR, neither company is before the High Court in the current proceedings.

The High Court had earlier stayed further proceedings in the FIR on May 19.

During the hearing, counsel Chouta cited Sections 79(2) and 79(3) of the Information Technology Act, contending that Amazon falls within the statutory definition of an intermediary. As an intermediary, the counsel argued, the company is entitled to legal protection from both civil and criminal liability relating to third-party content and transactions, subject to statutory conditions.

The court was also informed about the operational models of e-commerce platforms. Chouta explained that unlike inventory-based operators that purchase, store, and price goods, Amazon in this instance operates strictly as a marketplace where independent sellers list their own products.

Amazon argued that there was no legal basis to prosecute the firm without specific allegations demonstrating a breach of its statutory due-diligence requirements. The counsel further stated that Amazon had already supplied the Investigating Officer with details regarding the sellers responsible for listing the disputed books.