To what extent should information society services providers be held liable for the use of protected content uploaded by their users?

Abstract

This paper shall be delving into the current laws which regulate both copyright and the function of Internet Society Service Providers.

With regards to copyright, this paper shall set a solid foundation, based on the laws on which the Courts apply their reasoning, keeping in mind the rights of right holders and the responsibilities and liabilities to which Internet Society Providers are exposed, of the factors at law by which one could be found liable for breach of copyright. For the purpose of this term paper, we shall only be looking at the non-criminal liability to which Internet Society Service Providers may potentially expose themselves to. In relation to Internet Society Service Providers, an in-depth analysis of the current situation will demonstrate the different types of classifications, based on the services offered by such Internet Society Service Providers, are used by Courts as a measurement in considering whether an exemption, as provided by the e-Commerce Directive, could apply in the cases before such Courts.

Furthermore, an explanation as to what constitutes an Internet Society Service Provider and what is required for the different exemptions provided at law to apply, shall be given throughout this term paper.

The current situation of Internet Society Service Providers shall be compared and contrasted to what could happen following the introduction of the Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market.

For the purpose of this paper, the flaws and discrepancies within the law in force at the moment shall be pointed out. Following this, the potential effects of the proposed Directive may bring with it shall be pointed out.