The Changing Role of Intermediaries in Copyright Enforcement

Abstract

This short article analyses one of multiple intersections between the disciplines ‘communications law’ and ‘intellectual property law’: Internet (access) service providers (ISPs) and their changing role in the enforcement of copyright. This article examines the global shift from passive-reactive to more active harbour schemes for intermediaries and provides a general framework and overview on the various policy options. It describes legislative and other approaches taken on both, national and international level. Finally, it puts the proposed Canadian regime into perspective and concludes with considering some broader policy implications.

Keywords: Intellectual Property Law, Communications Law, Telecommunications Policy, Copyright Enforcement, Intermediaries, ISP