scholarly journals Trademark and Copyright Enforcement in the Shadow of IP Law

2011 ◽  
Author(s):  
William T. Gallagher
Keyword(s):  
Copyright Enforcement ◽  
Ip Law

Error Costs & IP Law

2013 ◽  
Author(s):  
Joseph Scott Miller
Keyword(s):  
Ip Law ◽  
Error Costs

Algorithmic Governance by Online Intermediaries

2019 ◽  
Author(s):  
Niva Elkin-Koren ◽  
Maayan Perel
Keyword(s):  
Risk Management ◽  
Law Enforcement ◽  
Public Discourse ◽  
Critical Role ◽  
Public Law ◽  
Online Content ◽  
Private Ordering ◽  
Algorithmic Accountability ◽  
Copyright Enforcement

In recent years, there is a growing use of algorithmic law enforcement by online intermediaries. Algorithmic enforcement by private intermediaries is located at the interface between public law and private ordering. It often reflects risk management and commercial interests of online intermediaries, effectively converging law enforcement and adjudication powers, at the hands of a small number of mega platforms. At the same time, algorithmic governance also plays a critical role in shaping access to online content and facilitating public discourse. Yet, online intermediaries are hardly held accountable for algorithmic enforcement, even though they may reach erroneous decisions. Developing proper accountability mechanisms is hence vital to create a check on algorithmic enforcement. Accordingly, relying on lessons drawn from algorithmic copyright enforcement by online intermediaries, this chapter demonstrates the accountability deficiencies in algorithmic copyright enforcement; maps the barriers for algorithmic accountability and discusses various strategies for enhancing accountability in algorithmic governance.

The Legal Consequences of Brexit Through the Lens of IP Law

2017 ◽  
Author(s):  
Richard Arnold ◽  
Lionel A. F. Bently ◽  
Estelle Derclaye ◽  
Graeme B. Dinwoodie
Keyword(s):  
Ip Law ◽  
Legal Consequences

Signed, Sealed, but not Delivered: The EU and the Ratification of the Marrakesh Treaty

2015 ◽  
Vol 6 (4) ◽  
pp. 629-632
Author(s):  
Ana Ramalho
Keyword(s):  
Intellectual Property ◽  
Technical Progress ◽  
Health And Safety ◽  
Risk Regulation ◽  
Inside View ◽  
Laws And Policies ◽  
Ip Law ◽  
Crossing Point ◽  
Marrakesh Treaty ◽  
The Eu

This section is devoted to giving readers an inside view of the crossing point between intellectual property (IP) law and risk regulation. In addition to updating readers on the latest developments in IP law and policies in technological fields (including chemicals, pharmaceuticals, biotechnology, agriculture and foodstuffs), the section aims at verifying whether such laws and policies really stimulate scientific and technical progress and are capable of minimising the risks posed by on-going industrial developments to individuals’ health and safety, inter alia.

scholarly journals What is Left of User Rights? – Algorithmic Copyright Enforcement and Free Speech in the Light of the Article 17 Regime

2020 ◽  
Author(s):  
Sebastian Felix Schwemer ◽  
Jens Schovsbo
Keyword(s):  
Free Speech ◽  
Fundamental Rights ◽  
Free Expression ◽  
Online Content ◽  
Central Importance ◽  
Clear View ◽  
Content Sharing ◽  
Limitations And Exceptions ◽  
Copyright Enforcement ◽  
Primary Channel

Article 17 of the Directive on copyright and related rights in the Digital Single Market (the DSM Directive) has strengthened the protection of copyright holders. Moving forward, online content-sharing providers will be responsible for copyright infringement unless the use of works on their platforms is authorized or if they have made ‘best efforts’ to obtain an authorization and prevent the availability of unlicensed works. At the same time, the Directive has made it clear that users of protected works shall be able to rely on the existing limitations and exceptions regarding quotation, criticism and review and caricature, parody or pastiche. The Directive even casts these limitations and exceptions as user rights. This paper points out that copyright’s limitations and exceptions have traditionally consti- tuted a corner stone in the internal balancing of the interests of users against rights holders and with a clear view of safeguarding the interests of free expression and information protected by the Charter. Given the overall purpose of the DSM Directive in strengthening the position of rights holders, there is a dire risk that the benefits of the limitations and exceptions evaporate in the attempts of platform operators to escape liability by use of algorithmic enforcement. The article uses the recent decisions of the CJEU in Pelham, Funke Medien and Spiegel Online to draw attention to the central importance of the limitations and exception as the primary channel for fundamental rights analyses in copyright. It is finally pointed out how the DSM Directive –despite of its on-the-paper recognition of users’ rights– is most likely going to lead to a devaluation of those same rights.

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