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

The book "A New Framework for Intermediary Liability" provides a step-by-step framework for determining when internet intermediaries should have a duty to act to prevent copyright infringement. It argues that intermediary liability should be focused on an intermediary's actual responsibility for primary infringement and offers a means to distinguish innocent and responsible intermediaries.

Format: Hardback
Length: 236 pages
Publication date: 07 March 2023
Publisher: Edward Elgar Publishing Ltd

A comprehensive and insightful examination of intermediary liability in the digital age, A New Framework for Intermediary Liability offers a comprehensive framework for determining when internet intermediaries should be held accountable for copyright infringement on their platforms and services. Authored by Kylie Pappalardo, a leading expert in intellectual property law, this timely book advocates for a shift in focus from mere capacity to assist copyright owners to actual responsibility for primary infringement. Drawing upon long-standing principles of negligence, Pappalardo proposes a novel approach to understanding intermediary copyright liability, aiming to distinguish between innocent and responsible intermediaries at an early stage.

Pappalardo argues that a duty to act should only arise where the intermediary has causally contributed to the risk of infringement or where they possess real and actual control over the actions of primary infringers. By carefully examining the interplay between tort law and copyright, this book provides valuable insights for copyright scholars, researchers, judges, lawyers, and policymakers seeking to define intermediary liability in the digital era. It offers practical guidance on navigating the complex legal landscape and promotes a balanced approach to protecting intellectual property rights while preserving the freedom of expression and innovation.

In conclusion, A New Framework for Intermediary Liability is a must-read for anyone interested in understanding the evolving dynamics of intermediary liability in the digital age. With its insightful analysis and practical recommendations, this book contributes to the ongoing debate on intellectual property law and provides valuable guidance for stakeholders seeking to navigate the complex web of online content and infringement.

Dimension: 234 x 156 (mm)
ISBN-13: 9781789902440