Copyright Enforcement and the Internet

Author: Irini Stamatoudi
Publisher: Kluwer Law International
ISBN: 9789041133465
Published In: October 2010
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Although copyright enforcement has always been a controversial issue, it took the advent of the Internet to raise a fundamental challenge to its very raison d’être. Legislative activity in this area during recent years clearly demonstrates the extent to which enforcement has been brought to the forefront of attention, as owners of copyrights find themselves trying to supersede the limitations of law in order to respond effectively to the reproductive power of new technologies. This timely collection of essays by European and international authorities in the field of copyright law presents a variety of valuable perspectives on the multitude of issues arising in respect of copyright enforcement on the Internet, including the following:

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the collection of evidence for allegation of infringement;
identifying the infringer;
jurisdiction and the recognition and enforcement of judgments;
liability of Internet service providers;
balancing copyright, data protection, and privacy;
considerations of social policy and human rights;
cost and efficiency of data availability on the Internet;
exchanges of information and mutual assistance among enforcement authorities;
criminal liability on the Internet;
combating piracy in the digital environment; and
prospects for a common regulatory framework.

Most of the existing European Union and international policies are considered in some depth, and the authors also discuss a variety of national laws and initiatives, technical measures, and the soft law and hard law models that have been proposed. In the years to come, as more and more lawyers are confronted with issues involving copyright enforcement on the Internet, this book’s value as a springboard to the informed future development of this area of legal theory and practice will become more evident. For this reason, as well as for its richly detailed treatment of trends and current reality in the field, it is sure to be read and put to good use by business people, international lawyers, government officials, and interested academics in all parts of the world.

Preface. Part I European Union and International Policies.

Part I The EU Enforcement Directive 2004/48/EC as a Tool for Copyright Enforcement Jörg Reinbothe . Part I Where Is ACTA Taking Us? Policies and Politics Luc Pierre Devigne, Pedro Velasco-Martins & Alexandra Iliopoulou Part I Copyright Enforcement in the Digital Era and Private International Law Issues Paul L.C. Torremans . Part I The Global System of Copyright Enforcement: Regulations, Policies and Politics Michael D. Taylor . Part II The Role of Internet Service Providers. Part II File-Sharing and the Role of Intermediaries in the Marketplace: National, European Union and International Developments Maria Mercedes Frabboni. Part II The ‘Graduated Response’ in France: Is It the Good Reply to Online Copyright Infringements? Alain Strowel. Part II The Chase: The French Insight into the ‘Three Strikes’ System Valérie-Laure Benabou. Part II User-Generated Content Sites and Section 512 of the US Copyright Act Jane C. Ginsburg. Part II Data Protection, Secrecy of Communications and Copyright: Conflicts and Convergences – The Example of Promusicae v. Telefonica Irini A. Stamatoudi. Part II Criminal Liability on the Internet Dimitris Kioupis. Part III New Models and Alternative Solutions. Part III Protection of ‘DRM’ under the WIPO ‘Internet Treaties’: Interpretation, Implementation and Application Dr Mihály Ficsor . Part III Codes of Conduct and Copyright Enforcement in Cyberspace P. Bernt Hugenholtz. Part III Vox Pop: Public Participation in Canadian Copyright Law Ysolde Gendreau. Bibliography. Index