Internet Intermediaries and Copyright Law

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403514906
Total Pages : 526 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Internet Intermediaries and Copyright Law by : Stefan Kulk

Download or read book Internet Intermediaries and Copyright Law written by Stefan Kulk and published by Kluwer Law International B.V.. This book was released on 2019-10-02 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: All forms of online communications and interactions between people and companies on the Internet are facilitated by intermediaries – service providers whose decisions and policies have a shaping effect on the Internet, its users and the information shared on it. Today, because such intermediaries employ technologies that go well beyond the mere transmission and storage of information into new realms potentially disrupting existing business models, a rethinking of existing relevant law is called for. The legal analysis and recommendations in this book put the topic of intermediary liability in the perspective of copyright law and offer a vision on how to regulate that liability. In the context of in-depth and up-to-date analyses on EU, US, German and Dutch law, the author discusses such issues and topics as the following: the liability rules in the new Directive on Copyright in the Digital Single Market; liability for the intermediary’s own copyright infringements (primary liability); the intermediary’s responsibility to stop or prevent the infringements of others (secondary liability); the role that fundamental rights play in copyright law and intermediary liability; the rights and interests of copyright owners, intermediaries and users, and how they are protected; notice-and-takedown by service providers; website blocking by Internet access providers; the publisher’s rights and the use of online articles by platforms; legal status of hyperlinks under copyright law; and search engine use of copyrighted materials. A focus on the strengths and weaknesses of existing EU copyright law concerning Internet intermediaries in terms of how future-proof that law is, includes detailed attention to legislation, regulation and case law. With its deeply informed guidance with respect to the methods of regulation in a domain that is heavily influenced by technological developments, this book will be welcomed by policymakers, legislators, academics, judges and practitioners working in the area of copyright law as applied to the Internet. The detailed attention to the extent to which an intermediary can be held liable for copyright infringements in both the EU and the US will prove highly beneficial for in-house counsellors and advisors working for rights holder organizations and intermediary service providers.

European Intermediary Liability in Copyright: A Tort-Based Analysis

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168419
Total Pages : 594 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Intermediary Liability in Copyright: A Tort-Based Analysis by : Christina Angelopoulos

Download or read book European Intermediary Liability in Copyright: A Tort-Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.

The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights

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Author :
Publisher : WIPO
ISBN 13 :
Total Pages : 73 pages
Book Rating : 4./5 ( download)

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Book Synopsis The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights by : World Intellectual Property Organization

Download or read book The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-28 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study aims to identify the trends and principles governing the changing role of Internet intermediaries, summarizing the evolution of business models and outlining the complex issues to be considered in developing public policy in this field.

The Liability of Internet Intermediaries

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198719779
Total Pages : 705 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Liability of Internet Intermediaries by : Jaani Riordan

Download or read book The Liability of Internet Intermediaries written by Jaani Riordan and published by Oxford University Press. This book was released on 2016 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a central role in modern commerce and the dissemination of ideas. Although their economic and social importance is well-recognized, their legal liability remains poorly understood, and, until now, no work has specifically addressed their legal responsibility for wrongdoing carried out by third parties using their facilities or platforms. This work fills that gap by providing comprehensive coverage of the legal duties owed by intermediaries and the increasingly complex schemes that regulate their activities. The first part of the work introduces the concept of an internet intermediary, general doctrines of primary and secondary liability, and the European enforcement regime. The second part examines the liability of intermediaries in specific areas of law, with a detailed analysis of the applicable liability rules, and the major English case law, and decisions of the Court of Justice that interpret and apply them. The final part of the work provides guidance on remedies and limitations. Written by an expert author from the intellectual property chambers at 8 New Square, Lincoln's Inn, this is an essential guide for lawyers advising on IP matters and disputes involving internet content.

The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 183910483X
Total Pages : 409 pages
Book Rating : 4.8/5 (391 download)

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Book Synopsis The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US by : Folkert Wilman

Download or read book The Responsibility of Online Intermediaries for Illegal User Content in the EU and the US written by Folkert Wilman and published by Edward Elgar Publishing. This book was released on 2020-11-27 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Featuring foreword from Maciej Szpunar, First Advocate General at the Court of Justice of the European Union and Professor at the University of Silesia in Katowice This book delivers a comprehensive examination of the legal systems that regulate the responsibilities of intermediaries for illegal online content in both the EU and the US. It assesses whether existing systems are capable of tackling modern challenges, ultimately advocating for the introduction of a double-sided duty of care, requiring online intermediaries to do more to tackle illegal content whilst also better protecting their users’ rights.

Oxford Handbook of Online Intermediary Liability

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192573985
Total Pages : 801 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Oxford Handbook of Online Intermediary Liability by : Giancarlo Frosio

Download or read book Oxford Handbook of Online Intermediary Liability written by Giancarlo Frosio and published by Oxford University Press. This book was released on 2020-05-04 with total page 801 pages. Available in PDF, EPUB and Kindle. Book excerpt: To better understand the heterogeneity of the international online intermediary liability regime, The Oxford Handbook of Intermediary Liability Online is designed to provide a comprehensive, authoritative and 'state-of-the-art' discussion of by highlighting emerging trends. This book discusses fundamental legal issues in intermediary liability online, while also describing advancement in intermediary liability theory and identifying recent policy trends. Sections I and II provide a taxonomy of internet platforms, a general discussion of possible basis for liability and remedies, while putting into context intermediary liability regulation with fundamental rights and the ethical implications of the intermediaries' role. Section III presents a jurisdictional overview discussing intermediary liability safe harbour arrangements and highlighting issues with systemic fragmentation and miscellaneous inconsistent approaches. Mapping online intermediary liability worldwide entails the review of a wide-ranging topic, stretching into many different areas of law and domain-specific solutions. Section IV provides an overview of intermediate liability for copyright, trademark, and privacy infringement, together with Internet platforms' obligations and liabilities for defamation, hate and dangerous speech. Section V reviews intermediary liability enforcement strategies by focusing on emerging trends, including proactive monitoring obligations across the entire spectrum of intermediary liability subject matters, blocking orders against innocent third parties, and the emergence of administrative enforcement of intermediary liability online. In addition, Section VI discusses an additional core emerging trend in intermediary liability enforcement: voluntary measures and private ordering. Finally, international private law issues are addressed in Section VII with special emphasis on the international struggle over Internet jurisdiction and extra-territorial enforcement of intermediaries' obligations.

Internet Intermediaries and Trade Mark Rights

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Author :
Publisher :
ISBN 13 : 9780815382461
Total Pages : 0 pages
Book Rating : 4.3/5 (824 download)

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Book Synopsis Internet Intermediaries and Trade Mark Rights by : Althaf Marsoof

Download or read book Internet Intermediaries and Trade Mark Rights written by Althaf Marsoof and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: At present, neither UK trade mark law nor English common law principles provide a basis to hold internet intermediaries liable for trade mark infringements. This book considers reforms aimed at gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions.

Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries - Part I

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Author :
Publisher : WIPO
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4./5 ( download)

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Book Synopsis Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries - Part I by : World Intellectual Property Organization

Download or read book Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries - Part I written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-11-28 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Professor Seng seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the first consisting of a “Survey of National Legislation and Jurisprudence on the Liability of Internet Intermediaries in the Field of Copyright and Related Rights”, covering 30 jurisdictions.

A New Framework for Intermediary Liability

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902452
Total Pages : 237 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis A New Framework for Intermediary Liability by : Kylie Pappalardo

Download or read book A New Framework for Intermediary Liability written by Kylie Pappalardo and published by Edward Elgar Publishing. This book was released on 2023-03-02 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: A New Framework for Intermediary Liability presents a step-by-step framework for determining when internet intermediaries ought to have a duty to act to prevent copyright infringement on their platforms and services.

Internet Intermediaries and Copyright Law

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Author :
Publisher :
ISBN 13 : 9789463750547
Total Pages : 361 pages
Book Rating : 4.7/5 (55 download)

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Book Synopsis Internet Intermediaries and Copyright Law by :

Download or read book Internet Intermediaries and Copyright Law written by and published by . This book was released on 2018 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries – Part 2

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Author :
Publisher : WIPO
ISBN 13 :
Total Pages : 73 pages
Book Rating : 4./5 ( download)

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Book Synopsis Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries – Part 2 by : World Intellectual Property Organization

Download or read book Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries – Part 2 written by World Intellectual Property Organization and published by WIPO. This book was released on 2016-12-07 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Professor Fernández-Diéz seeks to identify the possible commonalities among different liability doctrines. The study is divided into two parts, the second containing a conclusion resulting from the Survey (first part) which defines trends and commonalities in the treatment of the responsibility of Internet intermediaries.

Intellectual Property Liability of Consumers, Facilitators and Intermediaries

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041141367
Total Pages : 312 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Intellectual Property Liability of Consumers, Facilitators and Intermediaries by : Christopher Heath

Download or read book Intellectual Property Liability of Consumers, Facilitators and Intermediaries written by Christopher Heath and published by Kluwer Law International B.V.. This book was released on 2012-10-01 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: With reports from all major jurisdictions where the responsibility of facilitators and intermediaries for copyright and trade mark infringement have been litigated, this very useful book is the first comprehensive global survey of the liability regime that intermediaries may face when assisting others to directly infringe copyright and trade mark rights, or when providing others with the means to do so. It addresses such issues as the following: ISP liability; contributory and secondary liability for trade mark, copyright, and patent infringement; time- and geo-shifting devices and services; consumer identification through dynamic IP addresses; infringements committed on a “commercial scale”; liability of hosting providers; requirements for a breach of duty of care; notice to users to refrain from infringements; filters and other due diligence measures; “actual knowledge”; privacy and infringers’ personal data; file sharing services; online storage services; and liability of transporters and freighters. After a general introduction analysing relevant aspects of trade mark and copyright law, local experts provide detailed reports on positions in the EU (at the Community level), Germany, France, Italy, The United States, Japan, Korea, Australia, and New Zealand. As well as dealing with the issues, each report pays close attention to case law, legislative developments, and procedural issues of injunctive relief and damages. A final chapter covers comparative contributory patent infringement. Along with the very practical value the book offers corporate counsel charged with IP rights litigation, the authors shed light on the fundamental issue of whether attempts to broaden liability in this area are compatible with established IP principles such as territoriality, freedom to operate, and freedom of competition. As a result, the book will be welcomed by a wide spectrum of lawyers and others working in this rapidly growing field, including practitioners, policymakers, academics, and jurists.

Fostering freedom online: the role of Internet intermediaries

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Author :
Publisher : UNESCO Publishing
ISBN 13 : 923100039X
Total Pages : 211 pages
Book Rating : 4.2/5 (31 download)

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Book Synopsis Fostering freedom online: the role of Internet intermediaries by : MacKinnon, Rebecca

Download or read book Fostering freedom online: the role of Internet intermediaries written by MacKinnon, Rebecca and published by UNESCO Publishing. This book was released on 2015-01-29 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internet intermediaries play a unique role in linking authors of content and audiences. They may either protect or jeopardize end user rights to free expression, given their role in capturing, storing, searching, sharing, transferring and processing large amount of information, data and user-generated content. This research aims to identify principles for good practices and processes that are consistent with international standards for free expression that Internet intermediaries may follow in order to protect the human rights of end users online.

Fundamental Rights Protection Online

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788976681
Total Pages : 352 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Fundamental Rights Protection Online by : Bilyana Petkova

Download or read book Fundamental Rights Protection Online written by Bilyana Petkova and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fundamental Rights Protection Online presents an in-depth analysis of national, supranational and international attempts at online speech regulation, illustrating how the law has been unsettled on how to treat intermediaries.

Internet Intermediaries and Trade Mark Rights

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Author :
Publisher : Routledge
ISBN 13 : 1351208497
Total Pages : 249 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Internet Intermediaries and Trade Mark Rights by : Althaf Marsoof

Download or read book Internet Intermediaries and Trade Mark Rights written by Althaf Marsoof and published by Routledge. This book was released on 2019-06-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the apparent advantages of the internet, there is little debate that it facilitates intellectual property infringements, including infringements of trade mark rights. Infringers not only remain hidden by the anonymity the internet provides but also take advantage of its increasing reach and the associated challenges with regard to cross-border enforcement of rights. These factors, among others, have rendered the internet a growing source of counterfeit and other infringing products. It has, therefore, become necessary for right holders to shift their focus from individual infringers to internet intermediaries, such as Internet Service Providers (ISPs), hosts and navigation providers, which are responsible in numerous ways for making content promoting infringements available to internet users. In light of these developments, this book conducts a comprehensive analysis of the liability of such intermediaries for trade mark infringements and considers the associated issues and challenges in the diverging approaches under which liability may be imposed. At present, however, neither UK trade mark law nor English common-law principles relating to accessorial liability provide a basis to hold internet intermediaries liable for trade mark infringements. As such, this book considers approaches adopted in some of the Continental European countries and the US in order to propose reforms aimed at addressing gaps in the existing legal framework. This book also examines alternative remedies, such as notice and takedown and injunctions, and discusses the associated shortcomings of each of these remedies.

EU Internet Law

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Author :
Publisher : Springer
ISBN 13 : 3319649558
Total Pages : 433 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis EU Internet Law by : Tatiana-Eleni Synodinou

Download or read book EU Internet Law written by Tatiana-Eleni Synodinou and published by Springer. This book was released on 2017-11-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.

The Role of Internet Intermediaries in Advancing Public Policy Objectives

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Author :
Publisher : OECD Publishing
ISBN 13 : 9264115641
Total Pages : 200 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis The Role of Internet Intermediaries in Advancing Public Policy Objectives by : OECD

Download or read book The Role of Internet Intermediaries in Advancing Public Policy Objectives written by OECD and published by OECD Publishing. This book was released on 2011-09-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive view of Internet intermediaries, their economic and social function, development and prospects, benefits and costs, and roles and responsibilities.