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European Intermediary Liability in Copyright: A Tort-Based Analysis
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 harmon...
Filtering the Internet for Copyrighted Content in Europe
One issue that has been frequently discussed in the IRIS plus series is the unauthorized supply of copyright protected works via the Internet. The resulting threat of copyright infringements could, at least partly, be prevented through the use of Internet filters, an option that forms the subject of this latest edition of IRIS plus. The article considers, among other things, which services (simple hosting or Internet services?) Internet filters are useful for and where they are therefore commonly used. This inevitably leads to the question whether such filters should be used voluntarily or made compulsory by law or a court order. Referring to several recent court decisions, Christina Angelop...
Open Content Licensing
Although open content licenses only account for a fraction of all copyright licenses currently enforced in the world, their introduction has had profound effects on the use and dissemination of information. This book explores the theoretical underpinnings of these licenses and offers insight on the practical advantages and inconveniences of their use. The essays collected here include an objective study of the principles of open content from the perspective of European intellectual property law as well as novel examinations of their possible implementation in different areas of the cultural or information industry.
A New Framework for Intermediary Liability
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.
Open Content Licensing
Open Content Licensing: Cultivating the Creative Commons brings together papers from some of the most prominent thinkers of our time on the internet, law and the importance of open content licensing in the digital age.
Harmonising Intermediary Copyright Liability in the EU
With the adoption and subsequent national implementation of the E-Commerce Directive's safe harbour regime, the architecture set up in Europe for the liability of internet intermediaries for third party copyright infringement has become two-tiered: at a first stage, it is necessary to examine whether a given intermediary attracts, in its pursuit of a certain activity, liability according to the standards set out in national law. If so, the applicability of a safe harbour must be considered. As a result, although it provides a veneer of approximation by immunising intermediaries under certain conditions, the Directive does not harmonise the underlying substantive liability norms which determi...
Crossroads of Intellectual Property
The leading line of this book is the interplay between intellectual property and other fields of law. This volume deals specifically with civil law, criminal law and competition law. The challenge presented to the contributors was to analyze the relation of intellectual property with any of these three fields, from a perspective individually chosen by the author.
The Law of Contributory Liability on the Internet
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.
Copyright and Information Privacy
Federica Giovanella examines the on-going conflict between copyright and informational privacy rights within the judicial system in this timely and intriguing book.
The Autonomous Legal Concept of Communication to the Public
The economic right of a copyright holder to communicate to the public has become an increasingly important and complex issue in recent years, this is partially due to changes in the way that content is accessed and consumed online. This innovative book analyses the right of communication to the public, taking account of what legal standing an autonomous legal concept can hold, and how this is impacted by wider harmonisation efforts at an EU level.
