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The Liability of Internet Service Providers for Copyright Infringements: exception to copyright protection derived from freedom of expression

Malaja, Polina LU (2014) JAMM05 20141
Department of Law
Abstract
The question of secondary liability of internet intermediaries for illegal
content online is closely linked to the enjoyment of freedom of expression
that has to be guaranteed both online and offline. The provisions concerning internet service providers’ liability in Europe include ‘notice and take down’ procedure, blocking measures and injunctions against intermediaries, which are all well-designed to protect right holders, however these rules do not properly take into consideration the concerns of securing freedom of speech on the internet.
The aim of this thesis is to analyse the current role of fundamental freedom of expression in shaping the rules of ISP liability with the focus on copyright infringements online. The questions... (More)
The question of secondary liability of internet intermediaries for illegal
content online is closely linked to the enjoyment of freedom of expression
that has to be guaranteed both online and offline. The provisions concerning internet service providers’ liability in Europe include ‘notice and take down’ procedure, blocking measures and injunctions against intermediaries, which are all well-designed to protect right holders, however these rules do not properly take into consideration the concerns of securing freedom of speech on the internet.
The aim of this thesis is to analyse the current role of fundamental freedom of expression in shaping the rules of ISP liability with the focus on copyright infringements online. The questions to answer are inter alia what is the relationship between two European courts when it comes to the
interpretation of fundamental rights and freedoms; whether internet service
providers can rely on the arguments deriving from freedom of expression in
order to defend themselves against claims of copyright infringement, and
whether internet intermediaries should be able to rely on these arguments
based on their special role of providing access to information and cultural
goods in information society.
In order to answer these questions, current thesis concludes that current
rules governing internet service providers in the European Union overlook
the arguments of freedom of expression and do restrict the enjoyment of this basic right perhaps too much than necessary. In addition these provisions are outdated and rigid in order to be applicable to the rapid technological changes and the variety of available internet services. In order to overcome these shortcomings, current thesis focuses on the possibility to introduce a new exception to copyright protection based on public interest that could include the widest range of internet intermediaries that could be exempted from the liability for third parties’ copyright infringements online.
Finally, current thesis concludes that the introduction of new exception is
impeded by the adopted harmonising legislation in the European Union, and
by the current international interpretation of the three-step test in TRIPS
Agreement. However, these obstacles do not mean that the state of law has
to stay unchanged. (Less)
Please use this url to cite or link to this publication:
author
Malaja, Polina LU
supervisor
organization
course
JAMM05 20141
year
type
H2 - Master's Degree (Two Years)
subject
language
English
id
4580420
date added to LUP
2014-07-31 14:25:48
date last changed
2014-07-31 14:25:48
@misc{4580420,
  abstract     = {{The question of secondary liability of internet intermediaries for illegal 
content online is closely linked to the enjoyment of freedom of expression 
that has to be guaranteed both online and offline. The provisions concerning internet service providers’ liability in Europe include ‘notice and take down’ procedure, blocking measures and injunctions against intermediaries, which are all well-designed to protect right holders, however these rules do not properly take into consideration the concerns of securing freedom of speech on the internet. 
The aim of this thesis is to analyse the current role of fundamental freedom of expression in shaping the rules of ISP liability with the focus on copyright infringements online. The questions to answer are inter alia what is the relationship between two European courts when it comes to the 
interpretation of fundamental rights and freedoms; whether internet service 
providers can rely on the arguments deriving from freedom of expression in 
order to defend themselves against claims of copyright infringement, and 
whether internet intermediaries should be able to rely on these arguments 
based on their special role of providing access to information and cultural 
goods in information society. 
In order to answer these questions, current thesis concludes that current 
rules governing internet service providers in the European Union overlook 
the arguments of freedom of expression and do restrict the enjoyment of this basic right perhaps too much than necessary. In addition these provisions are outdated and rigid in order to be applicable to the rapid technological changes and the variety of available internet services. In order to overcome these shortcomings, current thesis focuses on the possibility to introduce a new exception to copyright protection based on public interest that could include the widest range of internet intermediaries that could be exempted from the liability for third parties’ copyright infringements online. 
Finally, current thesis concludes that the introduction of new exception is 
impeded by the adopted harmonising legislation in the European Union, and 
by the current international interpretation of the three-step test in TRIPS 
Agreement. However, these obstacles do not mean that the state of law has 
to stay unchanged.}},
  author       = {{Malaja, Polina}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Liability of Internet Service Providers for Copyright Infringements: exception to copyright protection derived from freedom of expression}},
  year         = {{2014}},
}