Isp Copyright Liability

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New Challenges of Chinese Copyright Law in the Digital Age

Author : Seagull Haiyan Song
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041137939
Total Pages : 106 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Challenges of Chinese Copyright Law in the Digital Age by : Seagull Haiyan Song

Download or read book New Challenges of Chinese Copyright Law in the Digital Age written by Seagull Haiyan Song and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Under what circumstances should Internet Service Providers (ISPs) be held liable when copyrighted material is made available over the Internet without authorization of rights holders? Is Google's controversial Library Project to scan millions of books into digital format an ambitious plan for public good or is it just another format of copyright infringement under the digital age? When audience enjoys watching live broadcasts of sports events, who are the rights holders behind the scene, and how do they protect their rights and interests from being infringed? All these questions have become highly important under the digital age, and therefore drawn serious attention from legal scholars and legislators worldwide. For direction, the world looks to influential legal regimes arising from the U.S. copyright law, the EU Directives, along with the jurisprudence and legal theory that attaches to each. But the world also looks to China, where a rapidly evolving legal regime holds its own course. This very useful book compares the legislation and case law of Chinese copyright law with those of the United States and European countries, focusing on three subjects - the liability of Internet Service Providers, the 'fair use' versus 'fair dealing' copyright doctrine, and the copyrightability of live sports telecasts - all of which are unsettled questions of law under the existing copyright regime"--P. [4] of cover.

Internet Service Provider Liability for Copyright and Trade Mark Infringement

Author : Zoi Krokida
Publisher : Bloomsbury Publishing
ISBN 13 : 1509948546
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Internet Service Provider Liability for Copyright and Trade Mark Infringement by : Zoi Krokida

Download or read book Internet Service Provider Liability for Copyright and Trade Mark Infringement written by Zoi Krokida and published by Bloomsbury Publishing. This book was released on 2022-06-16 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

The Copyright Infringement Liability of Online and Internet Service Providers

Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Copyright Infringement Liability of Online and Internet Service Providers by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Copyright Infringement Liability of Online and Internet Service Providers written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1998 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

ISP Copyright Liability

Author : Weixiao Wei
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (141 download)

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Book Synopsis ISP Copyright Liability by : Weixiao Wei

Download or read book ISP Copyright Liability written by Weixiao Wei and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ISP copyright liability for copyright infringement over the Internet is a now widely adopted approach for tackling extensive online copyright piracy in various jurisdictions. However, in China, the inconsistent ISP knowledge standard and the lack of peer-to-peer file-sharing liability provisions in the existing legal framework are among the factors that impede effective copyright law enforcement on the Internet. The adoption of a broad knowledge standard and its application in case law, both in the U.S. and Germany, which have great influence on a Chinese ISP copyright liability system, are discussed along with a similar knowledge standard provided by the Chinese Online Copyright Regulations and its application to ultimately show the need of a broad knowledge standard in a Chinese ISP copyright liability system. As for the liability issues over peer-to-peer file-sharing networks, analysis of several prominent cases and the enacted or proposed legislation in this regard in an international context sheds light on the importance of a filtering mandate in effectively deterring copyright piracy. In a Chinese context, the absence of peer-to-peer file-sharing liability legislation and the inadequacy of the applied provisions in the existing legislation entail the examination of the need and the possibility of the mandatory use of filters in a Chinese ISP copyright liability system. For an enhanced Chinese ISP copyright liability regime, the thesis concludes with two recommendations that a broad ISP knowledge standard should be retained in the Chinese ISP copyright liability system and a filtering mandate is needed and should be legislated for efforts against widespread unlawful peer-to-peer file-sharing.

Indirect Copyright Infringement Liability for an ISP

Author : Richard Watt
Publisher :
ISBN 13 :
Total Pages : 23 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Indirect Copyright Infringement Liability for an ISP by : Richard Watt

Download or read book Indirect Copyright Infringement Liability for an ISP written by Richard Watt and published by . This book was released on 2019 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under current copyright law in many countries, Internet Service Providers (ISPs) can be found liable for the traffic on the websites that they host. While the ISPs themselves are not undertaking acts that infringe copyright, indirect liability asserts that they either contribute to, or encourage in some way, infringing activities, and thus they are liable to claims of indirect involvement by the affected copyright holders. The present paper explores indirect liability in a standard principal-agent setting, where both moral hazard (the act of monitoring) and adverse selection (differential costs of monitoring over ISPs) are present. The model considers the kinds of contracts that could be signed between the copyright holders (acting through a collective) and the ISPs (acting individually). We specify the contracts that are self-selecting and incentive compatible for the set of feasible scenarios.

Intellectual Property and the National Information Infrastructure

Author : United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights
Publisher : DIANE Publishing
ISBN 13 : 0788124153
Total Pages : 264 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Intellectual Property and the National Information Infrastructure by : United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights

Download or read book Intellectual Property and the National Information Infrastructure written by United States. Information Infrastructure Task Force. Working Group on Intellectual Property Rights and published by DIANE Publishing. This book was released on 1995 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This now famous White Paper provides rules for our digital highway.Ó Examines each of the major areas of intellectual property law, focusing primarily on copyright law & its application & effectiveness, especially subject matter & scope of protection, copyright ownership, term of protection, exclusive rights, limitations on exclusive rights, copyright infringement. Holds Internet service providers legally accountable for copyright & other infringements by their users. Judges are beginning to use this document to form case law.

Secondary Liability of Internet Service Providers

Author : Graeme B. Dinwoodie
Publisher : Springer
ISBN 13 : 3319550306
Total Pages : 393 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Secondary Liability of Internet Service Providers by : Graeme B. Dinwoodie

Download or read book Secondary Liability of Internet Service Providers written by Graeme B. Dinwoodie and published by Springer. This book was released on 2017-06-28 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the doctrinal structure and content of secondary liability rules that hold internet service providers liable for the conduct of others, including the safe harbours (or immunities) of which they may take advantage, and the range of remedies that can be secured against such providers. Many such claims involve intellectual property infringement, but the treatment extends beyond that field of law. Because there are few formal international standards which govern the question of secondary liability, comprehension of the international landscape requires treatment of a broad range of national approaches. This book thus canvasses numerous jurisdictions across several continents, but presents these comparative studies thematically to highlight evolving commonalities and trans-border commercial practices that exist despite the lack of hard international law. The analysis presented in this book allows exploration not only of contemporary debates about the appropriate policy levers through which to regulate intermediaries, but also about the conceptual character of secondary liability rules.

Intellectual Property Liability of Consumers, Facilitators and Intermediaries

Author : Christopher Heath
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.

ISP Indirect Copyright Liability Regime

Author : Weixiao Wei
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis ISP Indirect Copyright Liability Regime by : Weixiao Wei

Download or read book ISP Indirect Copyright Liability Regime written by Weixiao Wei and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: ISPs' indirect copyright liability permits regulation where traditional legislation fails to meet requirements of copyright protection in a new digital environment, and makes a third party possibly to prevent or decrease the risk of copyright infringement at low cost. However, though it has been hailed as a forceful tool for governing ISPs' liability for fierce copyright infringement committed by their users over the Internet in most of the jurisdictions, the strength of this liability regime is still being challenged. Some argued that imposing indirect liability on the ISPs may lead to ISPs' over-zealous censorship and thereby decrease or limit free access to copyright materials. Meanwhile, the ISPs also argued that it is unfair for them to bear the full social costs generated by their users' unlawful activities, merely because they are providing facilities and services. So far, dozens of studies have been produced to criticise those arguments and justify ISPs' indirect copyright liability from legal point of view; however, less attention has been paid to the economic implication of ISPs' indirect copyright liability and the significance it achieves at the confluence of law and economics. Utilizing an evaluation criterion: economic efficiency-Hicks-Kaldor criterion and a simple economic model: cost-benefit analysis, both are drawn from the theory of economics, this paper examines economic strength of indirect liability regime in the context of ISPs' liability for online copyright infringement. It employs a string of relevant cases against those who allegedly facilitate copyright infringements to compare the costs and benefits of ISPs' indirect copyright liability and also three applications of it including vicarious liability, contributory liability and inducement liability. The paper finally concludes that only ISPs' indirect copyright liability regime shaped by the technology through the development of the Internet is the most efficient liability regime to tackle extensive online copyright infringements and bring long term social welfare to the society. This paper was presented at the 23rd BILETA Annual Conference 2008 on March, 2008, and it has been published in the conference proceeding of the 23rd BILETA Annual Conference 2008.

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

Author : World Intellectual Property Organization
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.

Regulating Hosting ISPs’ Responsibilities for Copyright Infringement

Author : Jie Wang
Publisher : Springer
ISBN 13 : 9811083517
Total Pages : 269 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Regulating Hosting ISPs’ Responsibilities for Copyright Infringement by : Jie Wang

Download or read book Regulating Hosting ISPs’ Responsibilities for Copyright Infringement written by Jie Wang and published by Springer. This book was released on 2018-03-19 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs a comparative approach to comprehensively discuss hosting ISPs’ (Internet Service Providers') responsibilities for copyright infringement in the US, EU and China. In particular, it details how the current responsibility rules should be interpreted or revised so as to provide hosting ISPs maximum freedom to operate in these jurisdictions. In addition to examining relevant state regulations, the book assesses self-regulation norms agreed upon between copyright owners and hosting ISPs, and concludes that self-regulation is better suited to preserving hosting ISPs’ freedom to operate. The results of this study will be interesting for a broad readership, including academics and practitioners whose work involves hosting ISPs’ copyright responsibilities.

Internet Law and Regulation

Author : Graham J. H. Smith
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis Internet Law and Regulation by : Graham J. H. Smith

Download or read book Internet Law and Regulation written by Graham J. H. Smith and published by . This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Relationship Between the ISP Safe Harbors and the Ordinary Rules of Copyright Liability

Author : R. Anthony Reese
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Relationship Between the ISP Safe Harbors and the Ordinary Rules of Copyright Liability by : R. Anthony Reese

Download or read book The Relationship Between the ISP Safe Harbors and the Ordinary Rules of Copyright Liability written by R. Anthony Reese and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1998, Congress added Section 512 to the U.S. Copyright Act, creating a set of safe harbors that protect online service providers (OSPs), under certain conditions, from liability for copyright infringement that might occur in the course of specified online activities. Some commentators have viewed two of these safe harbors, sections 512(c) and 512(d), as departing from the ordinary copyright regime by protecting OSPs from claims of direct infringement by the OSP itself, but following the ordinary copyright regime by allowing secondary liability claims against an OSP for infringements committed by users of the OSP's services. This Article suggests that this view is not entirely accurate. Part I suggests that the safe harbors' statutory protection for OSPs against direct infringement claims may not be particularly significant, because ongoing judicial development applying copyright law to conduct unprotected by the safe harbors suggests that an OSP's potential direct infringement liability for its routine functions may not be particularly great. Part II compares the elements of common law copyright claims for contributory infringement and vicarious liability with the provisions of sections 512(c) and 512(d) that disqualify an OSP from a safe harbor based either on its level of knowledge about, or control over, a user's infringing activity. Although the conditions that an OSP must meet to qualify for these safe harbors closely parallel the elements of the common law secondary liability claims, they differ in subtle but important ways. As a result, in some instances the safe harbors will insulate an OSP from secondary liability claims that would, in the absence of section 512, succeed. The Article therefore concludes that the section 512 safe harbors may be more valuable to OSPs facing secondary liability claims than they initially appear, and less valuable to those facing direct infringement claims.

Internet Intermediaries and Copyright Law

Author : Stefan Kulk
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.

A New Framework for Intermediary Liability

Author : Kylie Pappalardo
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.

Intellectual Property on the Internet

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280511432
Total Pages : 142 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis Intellectual Property on the Internet by : World Intellectual Property Organization

Download or read book Intellectual Property on the Internet written by World Intellectual Property Organization and published by WIPO. This book was released on 2002 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Report addresses the far-reaching impact that digital technologies-- the Internet in particular-- have had on intellectual property (IP) and the international IP system.

Dmca Handbook for Isps, Websites, Content Creators, and Copyright Owners

Author : Connie J. Mableson
Publisher : Brooks Press
ISBN 13 : 9780985042004
Total Pages : 228 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Dmca Handbook for Isps, Websites, Content Creators, and Copyright Owners by : Connie J. Mableson

Download or read book Dmca Handbook for Isps, Websites, Content Creators, and Copyright Owners written by Connie J. Mableson and published by Brooks Press. This book was released on 2012-02 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is for ISPs and Website owners who want to eliminate exposure for monetary damages as a result of being liable for contributory copyright infringement through the proper application of the safe harbors of the Digital Millennium Copyright Act (DMCA). This Handbook provides the relevant information ISPs and Websites need to take advantage of the DMCA - a law that immunizes ISPs and Website owners and qualifying service providers from monetary damages for copyright infringement. This Handbook is also for Content Creators and Copyright Owners who want to know how to get infringing copies of their material or content taken down by ISPs and Websites. This Handbook Provides: *A Chapter-by-Chapter, Step-by-Step breakdown of the DMCA regime *Forms for ISPs & Websites to implement the "notice and take-down" process *Forms for Creators and Copyright Owners to remove infringing copies online The DMCA HANDBOOK for ISP's, Websites, Content Creators, and Copyright Owners is the authoritative handbook for all of the parties involved in online infringement of copyrighted protected content and the Digital Millennium Copyright Act (DMCA).