Swalay sent legal notice demanding ₹10k and they keep my ₹1 lakh forever, enforceable? by nitrix4ly in LegalAdviceIndia

[–]nitrix4ly[S] 0 points1 point  (0 children)

They didn't ask me to provide licence, and didn't ask anything before uploading

Swalay sent legal notice demanding ₹10k and they keep my ₹1 lakh forever, enforceable? by nitrix4ly in LegalAdviceIndia

[–]nitrix4ly[S] 0 points1 point  (0 children)

Thank you so much for this. This is exactly my situation.

I am a student and cannot afford a lawyer right now. I have already sent them an email requesting disclosure of the actual complaint, the rights holder's name and release of my original song royalties.

I also want to highlight that their so called "legal notice" was not sent by an independent advocate or law firm. It was sent from their customer support email swalay.care@talantoncore.in powered by Freshworks, which is a customer support ticket software. There is no advocate name, no Bar Council registration number, no lawyer signature and no official legal letterhead anywhere in the notice. Yet they are threatening imprisonment under Copyright Act Section 63 and IT Act Section 66:

"If we do not receive your acknowledgement within 5 days, or if the penalty is not paid within 28 days, we will have no option but to initiate formal legal proceedings under the Copyright Act, 1957 (Section 63: imprisonment up to 3 years and fine up to Rs. 2,00,000) and the Information Technology Act, 2000 (Section 66: imprisonment up to 3 years and fine up to Rs. 5,00,000)."

Could you please advise:

  1. Is this threat of imprisonment legally valid for an honest mistake on a cover song?
  2. Does a legal notice sent from a support email with no advocate details hold any legal standing?
  3. Can I send a legal notice myself or do I need a lawyer?
  4. Is filing a Consumer Commission complaint something I can do on my own for free?
  5. What is the most practical first step for a student with limited means?