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A New Framework for Intermediary Liability: Copyright, Causation and Control on the Internet

A New Framework for Intermediary Liability: Copyright, Causation and Control on the Internet

Author: Kylie Pappalardo
Publisher: Edward Elgar Publishing
ISBN: 9781789902440
Published In: March 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,287.00

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Description
Contents

Details

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.

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