Karnataka High Court stays criminal proceedings against Amazon over sale of pirated copies of book

The Karnataka High Court on Tuesday stayed criminal proceedings against Amazon Seller Services Private Limited in a case of copyright infringement involving the sale of pirated copies of a book authored by late journalist Ravi Belagere [Amazon Seller Services Private Limited v State of Karnataka].

Vacation Bench Justice K V Aravind passed an interim stay order while hearing a petition filed by Amazon challenging the first information report lodged against it.

The Court issued notice to the State and the daughter of Belagare, Bhavana Belagare, who filed the complaint. The matter is scheduled be heard next in the third week of June.

Bhavana Belagare alleged that pirated copies of her father’s book 'Heli Hogu Karana' were being sold by unknown persons through online platforms such as Amazon, Flipkart and Meesho without authorisation.

According to her complaint, the book's maximum retail price was around ₹350 but it was allegedly being sold online for ₹149 causing substantial losses to the published, Bhavana Publications.

Based on the complaint, the Subramanyapura Police registered a case against Amazon, Flipkart, Meesho and others under Sections 51(1)(b) and 63 of the Copyright Act, 1957, which deal with copyright infringement and punishment for knowingly selling or facilitating the sale of pirated copyrighted material.

Senior Advocate Sandesh Chouta appeared for Amazon and submitted that the company was merely an intermediary facilitating the sale and is protected by the safe harbour provision available to intermediaries under Section 79 of the Information Technology Act, 2000.

It was further submitted that Amazon had furnished all details relating to the seller to the investigating officer, including the seller’s name, email ID, phone number, first and last sale dates, sales units and related communications.

“The investigating agency should have taken details from us and proceeded, if at all, against the seller under the Copyright Act. An intermediary does not come into the picture as an accused at all,” he submitted.

Chouta further clarified that Amazon operates through agreements with third-party sellers who independently list products and fix prices on the platform, while Amazon only facilitates the listing and transaction process.

Additional Government Advocate represented the State.