The Role of Internet Intermediaries in Copyright Law Online Enforcement

Jougleux, Philippe

doi:10.1007/978-3-319-64955-9_11

Cited by 2 publications

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“…The application of intermediary liability rules developed differently for IAPs and different types of hosting providers, with varying consequences for the obligations and liabilities imposed by courts and national statutes. 1174 Enforcement against IAPs -blocking and filtering injunctions IAPs have very early been in the focus of rightsowners and authorities when it comes to stopping or preventing the availability of copyright infringing material on the internet. Right from the start of the P2P filesharing wars of the early 2000s they were the enforcers of choice of rightsholders against the elusive and distributed architecture of Grokster, eDonkey, b.…”

Section: Amentioning

confidence: 99%

Unlawful Content Online

Ullrich

2021

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Illegal content remains a persistent and growing issue on the internet. This book reviews seven problematic areas - defamation, hate speech, terrorist content, copyright, counterfeit, unsafe products and food - to illustrate that the fight against unlawful content on online platforms in the EU is hampered by fragmented and outdated laws. Meanwhile, the global internet companies that govern our digital spaces enforce their own policies, based on commercial objectives, and with secondary regard for public values and individuals’ rights. The book subsequently charts out a solution of how EU lawmakers can bring social media and the like to take on adequate responsibilities for protecting users and public interests. The author argues that a safety-by-design approach, supported by technical standards, can be an effective way for implementing these new duties. Carsten Ullrich is a legal researcher at the University of Luxembourg, where he works on the regulation of digital technologies. The doctoral thesis on which this book is based was awarded the Rolf Tarrach Prize 2021 for the best dissertation in Luxembourg.

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Section: Amentioning

confidence: 99%

Unlawful Content Online

Ullrich

2021

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Copyright as an Engine for Creativity

Burri

2023

The Oxford Handbook of Arts and Cultural Management

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The original goal of copyright, as embedded in international and national legal frameworks, has been to foster creativity and the arts by providing a temporary monopoly for the creator over her works, as well as certain conditions for access to these works that permit follow-up innovation and the distribution of knowledge and culture. The balance of rights has always been precarious, and there have been doubts about the proper functioning of copyright systems as a true engine for creativity. The digital age, with its incredible technological affordances and low threshold of participation, has triggered both concerns for massive copyright infringement and unprecedented opportunities for creative work. Legal systems have adapted over time to reflect this technological change, yet the jury is still out on whether these adjustments were appropriate and in line with copyright’s original goal. This chapter discusses these newer developments in copyright law by looking in particular at the role of digital intermediaries as critical actors in the new creative space. The chapter takes the case study of EU copyright reform and exposes the dangers that these recent legal initiatives may pose to creativity through the private power of platforms, the use of algorithms, and possible limitations to access to and use of creative and artistic works. While such a change in the regulatory environment may appear somewhat distant from the domain of arts and cultural management, the chapter argues that this indeed is not the case and the implications are of a real and immediate nature.

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The Role of Internet Intermediaries in Copyright Law Online Enforcement

Cited by 2 publications

References 6 publications

Unlawful Content Online

Unlawful Content Online

Copyright as an Engine for Creativity

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