Challenges for the Enforcement of Copyright in the Online World: Time for a New Approach
Published in: P. Torremans (ed.), "Research Handbook on the Cross-Border Enforcement of Intellectual Property", Cheltenham, UK / Northampton, MA, Edward Elgar, 2014, p. 704
24 Pages Posted: 7 Mar 2014 Last revised: 19 Jan 2016
Date Written: March 7, 2014
In order to fight mass-scale copyright infringements on the Internet, numerous legislative initiatives have recently been proposed or adopted with the aim to improve the enforcement of copyright in the online world. This article evaluates the relevance of these enforcement strategies in the context of the unauthorised uses of copyrighted works by means of peer-to-peer file sharing or streaming. The dubious efficiency of some of the solutions adopted at national level, such as the implementation of graduate-response systems or the criminalisation of end users, is questioning the systematic increase of penalties as an appropriate reaction to address the problem of the general disrespect for copyright on the Internet. It rather calls for a new approach through the cautious legalisation of certain practices, in order to ensure that the copyright system continues to fulfil its basic function: the protection of creators and the encouragement of creativity.
Keywords: Copyright, Enforcement, Internet, File sharing, Criminal law, Collective management
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