Synodinou, Tatiana-Eleni --- "Internet intermediaries’ liability for online copyright infringement: European copyright law acquis and perspectives" [2018] ELECD 1147; in Pistorius, Tana (ed), "Intellectual Property Perspectives on the Regulation of New Technologies" (Edward Elgar Publishing, 2018) 208

Book Title: Intellectual Property Perspectives on the Regulation of New Technologies

Editor(s): Pistorius, Tana

Publisher: Edward Elgar Publishing

ISBN: 9781786436375

Section: Chapter 8

Section Title: Internet intermediaries’ liability for online copyright infringement: European copyright law acquis and perspectives

Author(s): Synodinou, Tatiana-Eleni

Number of pages: 29

Abstract/Description:

Nearly fifteen years ago and since the adoption of the E-commerce Directive the issue of the intermediaries’ liability in Europe appeared to have been settled up by the creation of a ‘safe harbour’ regime, inspired by the American model. This chapter focuses on two recent jurisprudential interpretations on the question of intermediaries’ liability: the CJEU’s Telekabel judgment and the Judgment of ECtHR in the case Delfi v Estonia. The author analyses these evolutions and points out that the intermediaries’ asylum is in fact much less absolute than it looks. The chapter also demonstrates that the intermediaries’ safe harbour will have to deal with the respect of human rights that could open new horizons to the development of the regulation of the intermediaries’ liability.