Izvorni znanstveni članak
Liability of Intermediaries for Breach of Copyright and Related Rights on the Internet
Dražen Dragičević
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Nina Gumzej
; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska
Sažetak
In this paper, the authors consider the relevant EU law and the current Croatian regulations and analyse the issues of liability, obligations and rights of information society service providers - intermediaries in relation to breach of copyright and related rights on the Internet, for the purpose of suppression and prevention of such breaches.
The development of information society, which based on high technologies, has resulted in the use of electronic communication becoming a fundamental need. High technologies generate numerous possibilities for both individuals and business entities, thus facilitating economic growth based on networking and new online business models, content and services. The creative industry, and particularly activities concerned with copyright and related rights, has displayed a logical interest in the creation of legal and other conditions enhancing the protection of intellectual property on the Internet. The paper focuses on breaches of copyright and related rights on the Internet through unpermitted exchange of files containing protected property, usually carried out by peer-to-peer network technology, and on the issues of liability, obligations and rights of Internet service providers (mere conduit) within the context of the protection of civil law rights. Due to certain particular features of this service, its providers have been under increasing pressure from associations for collective protection of copyright and related rights, even if they only act as intermediaries in a transfer of information not initiated by themselves. In accordance with the practice of the Court of Justice of the EU, the paper questions the acceptability of imposing measures on intermediaries through a civil procedure forcing them to filter and block traffic of its users as a means of preventive supervision over the users and their communications over the Internet, with a view to preventing breach of copyright and related rights. What needs to be considered are the essential characteristics of Internet intermediary services, such as the mere conduit service, and the conditions aimed at securing freedom for the development of such services, which cannot tolerate imposition of general supervision over its users and the information they transfer over the network. EU law does not permit particularly repressive measures in that sense for the purpose of protecting copyright and related rights on the Internet within the domain of private law. Such measures may have an adverse effect not only on free enterprise of Internet intermediaries, but also on the development of IT, freedom of speech and information, and user privacy in terms of information and communication.
Ključne riječi
peer-to-peer; electronic communication; information society service provider - intermediary; mere conduit; copyright and related rights; free enterprise
Hrčak ID:
94477
URI
Datum izdavanja:
19.10.2012.
Posjeta: 2.830 *