The Indian copyright statute has, from the time of its earliest avatar in 1847, been a balancing act in and of itself. While it ostensibly articulates an author’s right, the right has always been suspiciously amenable to being exploited by commercial, if not corporate, interests acting in ways that do not necessarily align with the best interest of authors (which inequity, in no small measure, was the impetus for the passing of the 2012 amendment to the Indian Copyright Act, 1957, which governs the subject in India).
Note: In the T-Series/MySpace case, a Division Bench of the Delhi High Court indicated its enthusiasm for a balanced approach to copyright; Para. 67 of its decision dated December 23, 2016, included the following text: "The court has – as always to tread a delicate balance between the Scylla of over protection (of intellectual property and privileging it in an overbearing manner) and the Charybdis of ineffective or under-protection, of IP rights: both of which chill and kill creativity, in the final analysis, harmful to society." This is one of (at least) two recent decisions in which the Delhi High Court has displayed a progressive approach to techno-legal issues, and attempted to ensure that persons do not necessarily become liable for illegal content posted by others. While the T-Series/MySpace matter dealt with intermediary liability and copyright, the other matter, Ashish Bhalla, dealt with the liability of WhatsApp group administrators and defamation.