Internet Service Provider Liability for Copyright and Trade Mark Infringement: Towards an Eu Co-Regulatory Framework

This book critically evaluates the EU regulatory framework for the liability of host Internet Service Providers (ISPs) for copyright and trade mark infringements and provides a cluster of novel recommendations for its improvement. The book recommends the imposition of a duty of care to host ISPs to curb the dissemination of unauthorised works and counterfeit goods, the ascription of a transparency obligation to host ISPs towards their users, and the establishment of a supervisory authority for host ISPs. Host ISPs have facilitated the dissemination of content amongst users and the purchase of goods online, enabling copyright holders and brand owners to attract a greater audience for their works and goods. However, their services have attracted a high number of copyright and trade mark violations, too. Neither Article 14 of the e-Commerce Directive nor Article 17 of the Copyright in the Digital Single Market Directive provide a solid response to the issue of host ISPs' liability. This book is a valuable resource for researchers in IT and IP law and offers a new perspective for resolving online IP disputes.

Table of Contents:
Introduction I. Historical Background: The Rise and Evolution of Intermediation in E-Commerce and Social Media II. Legal Problem III. Research Question and Aims IV. The Need for this Book and Originality V. Scope of the Book VI. Structure of the Book PART I: THEORETICAL AND POLICY CONSIDERATIONS 1. Internet Regulatory Theories: An Overview I. Introduction II. State Regulation III. Self-regulation IV. Co-regulation V. Conclusion 2. Liability of Host Internet Service Providers: Theoretical and Policy Background I. Introduction II. Theories for Liability for the Host ISPs in the Form of Secondary Liability III. Policy and Practical Perspectives for Imposing Liability on Host ISPs IV. Conclusion PART II: EVALUATION OF THE CURRENT LEGISLATIVE TOOLS 3. The Host Internet Service Providers' (Host ISPs) Liability Framework under Article 14(1) of the E-Commerce Directive (ECD) for Copyright and Trade Mark Infringements: An Outdated Approach I. Introduction II. The Concept of Secondary Liability for Copyright and Trade Mark Infringements III. Host ISPs' Liability as a Form of Secondary Liability: Article 14(1) of the ECD and Legal Traditions of EU Member States and the UK IV. Conclusion 4. The Regulatory Framework of Online Content Sharing Service Providers (OCSSPs) under Article 17 of the Copyright in the Digital Single Market Directive (DSMD) for Copyright Infringements: A Controversial Approach I. Introduction II. Brief Overview of the Historical Account of Article 17 of the DSMD III. Article 17 of the DSMD: Problematic Features IV. National Implementation in EU Member States V. Problematic Intersection between Article 17 of the DSMD and Article 14(1) of the ECD VI. Conclusion 5. Host ISPs, OCSSPs and Parties Involved under Article 14(1) of the E-Commerce Directive and Article 17 of the Copyright in the Digital Single Market Directive I. Introduction II. Article 14(1) of the ECD and Article 17 of DSMD and Host ISPs/OCSSPs III. Article 14(1) of the ECD and Article 17 of DSMD and Internet Users/Online Consumers IV. Article 14(1) of the ECD and Article 17 of DSMD and Copyright Holders/Brand Owners V. Conclusion 6. Liability of Providers of Hosting Services under the Proposal for a Digital Services Act for Trade Mark and Copyright Infringements: A Promising Approach I. Introduction II. Proposed DSA Regulation: A Good Start but More Clarity is Required III. Blurred Intersection with Article 17 of the DSMD IV. Conclusion PART III: INTRODUCING A CO-REGULATORY FRAMEWORK 7. Redefining the Concept of Duty of Care I. Introduction II. Normative Justifications for Ascribing a Duty of Care to Host ISPs' Business Model III. A Duty of Care for Host ISPs at Legislative and Policy Level IV. Criticism and Counter-Arguments for Imposing a Duty of Care for Host ISPs V. How Should a Proposed Duty of Care for Host ISPs be Shaped? VI. Limitations Upon a Proposed Duty of Care VII. Conclusion 8. Introducing a Statutory Provision for Transparency I. Introduction II. Current Initiatives for a Transparency Obligation and Trends III. Normative Considerations of a Proposed Transparency Obligation IV. How Should a Proposed Transparency Obligation be Shaped? V. Conclusion 9. Establishing a Supervisory Authority: A Proposal I. Introduction II. Normative Considerations for the Proposed Host ISP Supervisory Authority III. Examples of Supervisory Authorities for Copyright and Trade Mark Infringements: Not Ideal but a Good Start IV. Principles of the Proposed Host ISP Supervisory Authority V. Functions of the Proposed Host ISP Supervisory Authority VI. Funding Scheme for the Proposed Host ISP Supervisory Authority VII. Conclusion

About the Author :
Zoi Krokida is Lecturer in IP and EU Law at the University of Stirling, UK.