Internet Service Provider Liability for Copyright and Trade Mark Infringement: Towards an EU Co-Regulatory Framework [Paperback]

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.

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
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