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Open Access. Powered by Scholars. Published by Universities.®

Columbia Law School

Intellectual Property Law

2020

Kernochan Center for Law, Media, and the Arts

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Full-Text Articles in Law

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 Jan 2020

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 …