The role of intermediary liability in balancing copyright law in the digital world
Through the rapid shift from the analogue to the digital age, access to all information is only one click away, independent of place and time. On the one hand, online platforms serve as a bridge between authors and the public by showcasing their creative minds in a less affordable way. On the other...
Elmentve itt :
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| Dokumentumtípus: | Cikk |
| Megjelent: |
Szegedi Tudományegyetem, Állam- és Jogtudományi Kar, Összehasonlító Jogi és Jogelméleti Intézet
Szeged
2023
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| Sorozat: | Comparative Law Working Papers
7 No. 2 |
| Kulcsszavak: | Szerzői jog, Digitális jog, Szellemi tulajdon joga |
| Tárgyszavak: | |
| Online Access: | http://acta.bibl.u-szeged.hu/86682 |
| Tartalmi kivonat: | Through the rapid shift from the analogue to the digital age, access to all information is only one click away, independent of place and time. On the one hand, online platforms serve as a bridge between authors and the public by showcasing their creative minds in a less affordable way. On the other hand, it is also an intermediary for enabling users to share and circulate illegal content. Then, who will be responsible for this unlawful content? Considering that a platform has millions of subscribers, mainly anonym users, the copyright owner cannot find the direct infringer when a copyrighted work is shared without the authorization of the copyright holder by a third party on the platform of the intermediary. It seems more manageable for the right holder to assert the infringement claims against the intermediaries despite the fact that they are not absolute infringers. Therefore, there have been some responsibilities to online intermediaries, and the basis of the liability of intermediaries is covered under the directives of the European Union (EU). Besides, a rights clash arises from exercising fundamental rights and rights provided under copyright law. This is because there are three sides to this game, and each side has the expectation of protection for their rights. For instance, intermediaries can conduct their businesses and play an important role in individuals’ freedom of expression and access to information. There are also intellectual property rights of creative work owners given high protection. A fair balance between such actors of copyright law during the implementation of these responsibilities must be ensured to protect fundamental rights. This paper discusses whether the legal framework of the EU on the liability of online intermediaries is a sufficient tool to assure a fair balance. In doing so, there will be an examination of EU policies and CJEU case law on intermediary responsibilities. |
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| Terjedelem/Fizikai jellemzők: | 18 |
| ISSN: | 2560-1911 |