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A New Framework for Intermediary Liability : Copyright, Causation and Control on the Internet.
2023
Details
Title
A New Framework for Intermediary Liability : Copyright, Causation and Control on the Internet.
Author
Pappalardo, Kylie., author.
Item Type
Book
Description
236 pages.
ISBN
9781789902440 Print
9781789902457 eBook
9781789902457 eBook
Summary
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. This timely book argues that intermediary liability for copyright infringement should be focused on an intermediary’s actual responsibility for primary infringement and not simply its capacity to assist copyright owners in challenging infringement. Drawing on long-standing principles in the law of negligence, Kylie Pappalardo argues for a brand-new way to understand intermediary copyright liability and offers a means to distinguish innocent and responsible intermediaries at an early stage. Pappalardo reasons that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they have real and actual control over the actions of primary infringers. With astute consideration of the links between tort law and copyright, this book will be a compelling read for copyright scholars and researchers interested in intellectual property and technology law. Judges, lawyers and policymakers looking for guidance on how to define intermediary liability for copyright infringement will also find helpful direction in this book.
Note
Includes index.
Formatted Contents Note
1. Introduction to intermediary copyright liability
2. Responsibility theory
3. Causation: grounding a duty to act
4. Control in the absence of causation
5. Breaching the duty to minimize the risk of infringement: the negligence calculus
6. Copyright harm
7. Industry codes of practice and reliance liability
8. Conclusion
Index.
2. Responsibility theory
3. Causation: grounding a duty to act
4. Control in the absence of causation
5. Breaching the duty to minimize the risk of infringement: the negligence calculus
6. Copyright harm
7. Industry codes of practice and reliance liability
8. Conclusion
Index.
Published
[Northampton, England] : Edward Elgar Publishing Ltd., 2023.
Language
English
Record Appears in
Knowledge Repository Online Subscriptions