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liability and the nature of the fair use doctrine could therefore gain valuable insight from the general theory and economic … mixed system of liability, which resorts to both strict liability and negligence to achieve the utilitarian aim of promoting …
Persistent link: https://www.econbiz.de/10012895292
U.S. copyright law gives successful plaintiffs who promptly registered their works the ability to elect to receive an award of statutory damages, which can be granted in any amount between $750 and $150,000 per infringed work. This provision gives scant guidance about where in that range awards...
Persistent link: https://www.econbiz.de/10012757599
architecture set up in Europe for the liability of internet intermediaries for third party copyright infringement has become two …, liability according to the standards set out in national law. If so, the applicability of a safe harbour must be considered. As … Directive does not harmonise the underlying substantive liability norms which determine whether the safe harbours will be …
Persistent link: https://www.econbiz.de/10012823983
question becomes, should liability require fault?To answer this question we apply the well-developed theoretical framework of …
Persistent link: https://www.econbiz.de/10012969766
Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional … articulations of individual officer liability found in both patent and copyright law can be attributed to two factors: (1) the … (2) judicial reluctance to apply the strict liability standard of patent and copyright law to individuals as opposed to …
Persistent link: https://www.econbiz.de/10013052722
: 1. Defines an Intermediary2. Draws the basis for Intermediary liability3. Analyses the legal standards of liability of …
Persistent link: https://www.econbiz.de/10012984325
This article explores the use of artificial intelligence to help define the current test for copyright infringement. Currently, the test for copyright infringement requires the jury or a judge to determine whether the parties’ works are “substantially similar” to each other from the...
Persistent link: https://www.econbiz.de/10013222137
Illegal downloading of copyright materials by end-users had its heyday in the early 2000s, with music, television, and film studios desperately searching for a way to curb the tide of sharing. This chapter uses the example of Capitol Records v Jammie Thomas-Rasset, the first file-sharing case to...
Persistent link: https://www.econbiz.de/10013234254
Contributory copyright infringement has long been based on whether the defendant, “with knowledge of the infringing activity,” induced, caused, or materially contributed to another’s infringing conduct. But few court opinions or scholarly articles have given due consideration to what it...
Persistent link: https://www.econbiz.de/10013238928
enforcement under secondary liability against Internet Intermediaries. Internet services providers (ISPs), search engines, and … online marketplaces are the most prominent intermediaries.There is no harmonization of secondary liability under … safe harbors exempt Internet Intermediaries from liability unless they are aware of and do not adequately impede infringing …
Persistent link: https://www.econbiz.de/10013249040