The Role And Responsibility Of Internet Intermediaries In The Field Of Copyright And Related Rights
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The Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights by World Intellectual Property Organization,Edwards, Lilian Pdf
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 Role and Responsibility of Internet Intermediaries in the Field of Copyright and Related Rights by Anonim Pdf
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.
Internet Intermediaries and Copyright Law by Stefan Kulk Pdf
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.
Fostering freedom online: the role of Internet intermediaries by MacKinnon, Rebecca,Hickok, Elonnai,Bar, Allon,Lim, Hae-in Pdf
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.
European Intermediary Liability in Copyright: A Tort-Based Analysis by Christina Angelopoulos Pdf
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.
TRIPS plus 20 by Hanns Ullrich,Reto M. Hilty,Matthias Lamping,Josef Drexl Pdf
This book examines the impact and shortcomings of the TRIPS Agreement, which was signed in Marrakesh on 15 April 1994. Over the last 20 years, the framework conditions have changed fundamentally. New technologies have emerged, markets have expanded beyond national borders, some developing states have become global players, the terms of international competition have changed, and the intellectual property system faces increasing friction with public policies. The contributions to this book inquire into whether the TRIPS Agreement should still be seen only as part of an international trade regulation, or whether it needs to be understood – or even reconceptualized – as a framework regulation for the international protection of intellectual property. The purpose, therefore, is not to define the terms of an outright revision of the TRIPS Agreement but rather to discuss the framework conditions for an interpretative evolution that could make the Agreement better suited to the expectations and needs of today’s global economy.
ICOLEG 2021 by Irma Cahyaningtyas,Aju Putrijanti ,Kadek Cahya Susila Wibawa Pdf
We proudly present the proceedings of 2nd International Conference on Law, Economic and Governance 2021 (ICOLEG 2021). It focuses on how the wave of digitalization influences the ethics and law, especially in Law and Democracy, Law and Indigenous People, Law in Contemporary Issues, Law and Economics, Digital Economics, Good Governance etc. As we know, the world today is changing and the world we are facing now is the one where everything is connected. The contemporary social issues based on complex problems, complex interest, beyond borders and powers. More than 125 manuscripts from various countries were presented at this conference with around 66 of them selected to be published in proceedings. We hope by this conference, discussions on how research on Law, Economic and Government is possible in a disruptive era will give a perspective for the social and humanities studies development.
Comparative Analysis of National Approaches of the Liability of the Internet Intermediaries - Part I by World Intellectual Property Organization,Seng, Daniel Pdf
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.
New Technology, Big Data and the Law by Marcelo Corrales,Mark Fenwick,Nikolaus Forgó Pdf
This edited collection brings together a series of interdisciplinary contributions in the field of Information Technology Law. The topics addressed in this book cover a wide range of theoretical and practical legal issues that have been created by cutting-edge Internet technologies, primarily Big Data, the Internet of Things, and Cloud computing. Consideration is also given to more recent technological breakthroughs that are now used to assist, and — at times — substitute for, human work, such as automation, robots, sensors, and algorithms. The chapters presented in this edition address these issues from the perspective of different legal backgrounds. The first part of the book discusses some of the shortcomings that have prompted legislators to carry out reforms with regard to privacy, data protection, and data security. Notably, some of the complexities and salient points with regard to the new European General Data Protection Regulation (EU GDPR) and the new amendments to the Japan’s Personal Information Protection Act (PIPA) have been scrutinized. The second part looks at the vital role of Internet intermediaries (or brokers) for the proper functioning of the globalized electronic market and innovation technologies in general. The third part examines an electronic approach to evidence with an evaluation of how these technologies affect civil and criminal investigations. The authors also explore issues that have emerged in e-commerce, such as Bitcoin and its blockchain network effects. The book aims to explain, systemize and solve some of the lingering legal questions created by the disruptive technological change that characterizes the early twenty-first century.
The Law of Contributory Liability on the Internet by Berrak Genç-Gelgeç Pdf
This book explores the contributory liability of Internet intermediaries that arises from trademark infringements committed by third parties on the Internet, providing a comprehensive analysis of the law applicable to the matter in an EU context. It also considers the applicable laws of Germany and England to demonstrate how the rules are implemented in national laws, as the current state of the law is two-tiered. In providing a framework of the law applicable to online contributory trademark liability, the book also addresses ongoing and emerging issues that are specific to trademark law and proposes specific solutions to the issues arising in the context of online contributory trademark liability. The liability of Internet intermediaries has been a popular and lively subject from different substantive rights’ angles. However, trademark law has not received a great deal of attention from either scholars or legislators. As such, this book fills a gap in the literature by undertaking a trademark-specific examination, and will be of great interest to all those involved in the research and legal practice of trademark law.
Paradigms of Internet Regulation in the European Union and China by Christoph Krönke,Michael W. Müller,Wenguang Yu,Wei Tian Pdf
Dieser Band versammelt Beiträge aus einem gemeinsamen Projekt der Ludwig-Maximilians-Universität München und der Renmin University of China zum Thema "Paradigms of Internet Regulation in the European Union and China". Auf der Grundlage fundierter Analysen bestimmter Regulierungsinstrumente in ihrem verfassungsrechtlichen und politischen Kontext zielt der Band darauf ab, das gesamte Spektrum der rechtlichen Gestaltungsmöglichkeiten des Internets zu entfalten. Zu diesem Zweck wird die Internetregulierung in der EU und in China aus verschiedenen Blickwinkeln betrachtet. Einige Beiträge bieten vergleichende Fallstudien zu Themen wie Meinungsfreiheit im Internet oder Regulierung von Internetdiensten; andere beschreiben rechtliche Errungenschaften und Entwicklungen, beispielsweise den Entwurf einer Charta der Digitalen Grundrechte der Europäischen Union. Eine dritte Kategorie von Beiträgen zielt darauf, die Entwicklung der Internetregulierung aus einer globaleren Perspektive zu analysieren und mögliche Forschungsparadigmen vorzuschlagen. Mit Beiträgen von Prof. Dr. Chen Xuan; Prof. Dr. Ding Xiaodong, LL.M. (Yale); AkadR a.Z. Dr. Christoph Krönke; Michael W. Müller, LL.M. (Cambridge); Dr. Walther Michl, LL.M. (King's College); Dr. Laura Münkler; Tian Wei; Daniel Wolff; Prof. Dr. Xiong Bingwan, LL.M. (Harvard); Assoc. Prof. Dr. Yu Wenguang.
Intellectual Property Perspectives on the Regulation of New Technologies by Tana Pistorius Pdf
This book explores the challenges that emerging technologies and technology driven practices pose for traditional notions of intellectual property (IP) law and policy. Chapters offer perspectives from across the IP law spectrum and address questions such as; is the law evolving in the right direction and is the regulation of emerging technology supported by sound policy objectives? Covering a diverse range of topics, this book exposes the intimate relationship between IP and technology.
The Enforcement of Intellectual Property Rights: A Case Book by L.T.C. Harms,World Intellectual Property Organization Pdf
With this publication, WIPO and the author aim at making available for judges, lawyers and law enforcement officials a valuable tool for the handling of intellectual property cases. To that effect, the case book uses carefully selected court decisions drawn from various countries with either civil or common law traditions. The extracts from the decisions and accompanying comments illustrate the different areas of intellectual property law, with an emphasis on matters that typically arise in connection with the enforcement of intellectual property rights in civil as well as criminal proceedings.
Law, Policy and the Internet by Lilian Edwards Pdf
This comprehensive textbook by the editor of Law and the Internet seeks to provide students, practitioners and businesses with an up-to-date and accessible account of the key issues in internet law and policy from a European and UK perspective. The internet has advanced in the last 20 years from an esoteric interest to a vital and unavoidable part of modern work, rest and play. As such, an account of how the internet and its users are regulated is vital for everyone concerned with the modern information society. This book also addresses the fact that internet regulation is not just a matter of law but increasingly intermixed with technology, economics and politics. Policy developments are closely analysed as an intrinsic part of modern governance. Law, Policy and the Internet focuses on two key areas: e-commerce, including the role and responsibilities of online intermediaries such as Google, Facebook and Uber; and privacy, data protection and online crime. In particular there is detailed up-to-date coverage of the crucially important General Data Protection Regulation which came into force in May 2018.
