Law Commons^™

Pushing Back On Stricter Copyright Isp Liability Rules, Pamela Samuelson

Michigan Technology Law Review

For more than two decades, internet service providers (ISPs) in the United States, the European Union (EU), and many other countries have been shielded from copyright liability under “safe harbor” rules. These rules apply to ISPs who did not know about or participate in user-uploaded infringements and who take infringing content down after receiving notice from rights holders. Major copyright industry groups were never satisfied with these safe harbors, and their dissatisfaction has become more strident over time as online infringements have grown to scale.

Responding to copyright industry complaints, the EU in 2019 adopted its Directive on Copyright and …

Copyright Infringement Liability Of Online Content Sharing Platforms In The Us And In The Eu After The Digital Single Market Directive: A Case Study, Teresa García-Barrero

Kernochan Center for Law, Media, and the Arts

The EU copyright liability regime for internet service providers has significantly changed after the enactment of article 17 of the Digital Single Market Directive. Where two fairly similar systems once existed in the US and in the EU, there are now significant differences between the regimes with which service providers must comply in each region. This paper seeks to offer a practical view of the differences between both systems through a comparative analysis of the result that the application of each legal framework would have on an identical factual case. Specifically, this paper contrasts the decision reached by US courts …

Book Review. European Copyright Law: A Commentary., Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

"European Copyright Code" – Back To First Principles (With Some Additional Detail), Jane C. Ginsburg

Faculty Scholarship

The "Wittem Group" of copyright scholars has proposed a "European Copyright Code," to "serve as an important reference tool for future legislatures at the European and national levels." Because, notwithstanding twenty years of Directives and a growing ECJ caselaw, copyright law in EU Member States continues to lack uniformity, the Wittem Group’s endeavor should be welcomed, at least as a starting point for reflection on the desirable design of an EU copyright regime. Whether or not the proposed Code succeeds in influencing national or Community legislation, it does offer an occasion to consider the nature of the rights that copyright …

Private Use As Fair Use: Is It Fair?, Frances Grodzinsky, Maria C. Bottis

School of Computer Science & Engineering Faculty Publications

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright Laws. Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost …