\(
\def\WIPO{World Intellectual Property Organisation}
\)
Liability of Online Service Providers After the Latest Changes in EU Law : Paradigm Change of Liability?
2020
Details
Title
Liability of Online Service Providers After the Latest Changes in EU Law : Paradigm Change of Liability?
Author
Nanos, Andreas
Item Type
Journal article
Description
15 pages
Summary
Since the 5th of March 2019, the European Union is facing a new directive on Copyright in the Digital Single Market. The new Directive EU 2019/790 comes with significant changes in terms of European copyright law. Especially the new rules governing the liability of internet service providers (ISPs) are in the scope of the new directive. Article 17 of the directive, governing the newly created scheme of liability and licencing, could mean a paradigm change in copyright law. Rightsholders shall get a stronger position in terms of participation for the profits gained by ISPs using their copyrighted content. This new directive brings up many questions about the liability of ISPs, as many aspects are left unclear. Even though the new directive clearly forbids the use of any monitoring technology, ISPs have to take every effort to block copyright-infringing materials uploaded by the users. Still, ISPs did not get a hint of any possible alternatives to the so-called “upload-filters”. This new scheme of liability for ISPs means much stricter regulations, as now ISPs are liable for the deeds of their users as well. The new directive is strongly discussed and criticised by scholars, ISPs and especially by the public. It is feared that there is no alternative for the upload filter, which could lead to a deep cut into the freedom of speech.
Supplement Note
Published in : Charles University in Prague Faculty of Law Research Paper No. 2020/II/3
Linked Resources
View this resource
Published
[Prague, Czech Republic] : Charles University Faculty of Law, 2020.
Language
English
Record Appears in
all